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A Second Comprehensive Report from the Nunavut
Implementation Commission to the Department of
Indian Affairs and Northern Development, Government
of the Northwest Tem'tories and Nunavut Tunngavik
Incorporated Concerning the Establishment of the
Nunavut Government
Letter of Transmittal from the Chairman of the NIC to the Minister of the
Department of Indian Affairs and Northern Development, the Government
Leader of the Northwest Territories and the President of Nunavut Tunngavik
...
Incorporated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ill
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v
List of Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Glossary ....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vlll
Body of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ONunavut lmplernentation Commission 1996. Quotation with appropriate credit is encouraged. This publication
reproduces, with minor editorial amendments, a report submitted to the Department of Indian Affairs and Northern
Development, Government of the Northwest Territories and Nunavut Tunngavik Incorporated under cover of a letter
dated October 21,1996.
ISBN 1-896548-20-2
Cette publication existe aussi en franqais sous le titre : trL1empreintede nos pas dans la neige fraiche, Volume 2,).
The report is being supplied to you consistent with the statutory mandate of
the NIC as set out in section 58 of the Nunavut Act.
NIC Commissioners were pleased that the model for the design of the
Nunavut Government that was recommended in our first comprehensive report
figured prominently in the federal Cabinet's consideration of Nunavut issues in the
spring of this year. In the process of preparing this report, we have carried out an
intensive review of that model in the context of some new and changing features of
PO Box 1109, Iqaluit, NT XOA OH0 phone (819) 979-4199, fax (819) 979-6862
the policy environment, most notably, the financial and other assumptions
attending the federal Cabinet's Nunavut deliberations and the far-ranging overhaul
in the design of the headquarters and regional operations of the Government of the
Northwest Territories in the face of budget constraints. We are confident that the
model for design of the Nunavut Government put forward in this report, while
altered in detail from our earlier one, continues to meet broad objectives in relation
to such things as efficiency of government operations and decentralization of
government employment.
While fine tuning government design is a central element of the report, the
report covers many other topics, ranging from telecommunications policy, to the
establishment of formula funding arrangements for Nunavut, to the
administration of justice. Some of the topics covered in the report received
considerable attention in our earlier report; others - such as language, issues - are
new. One important set of topics - those dealing with the design of electoral
constituencies for the Nunavut Legislative Assembly - are not dealt with
substantively in this report; as you are aware, this set of issues will be the subject of a
separate NIC report submitted to you before the end of 1996. Such timing should not
foreclose any options that you may choose to pursue in relation to those topics.
Sincerely, I
GLOSSARY ........................................................................................VIII...
CHAPTER 1 . OUTLOOK FOR NUNAVUT AND FOR WORK ON NUNAVUT ...............1
1.1 TAKINGSTOCK ................................................................................................... 1
1.2 ROLESAND RESPONSIBILITIES OF THETHREE PARTIES AND THE NIC ................................ 4
1.3 THE WORKOF THE NU2 AND THE THREE PARTIES TO DATE............................................ 6
1.4 MULTI-ORGANIZATIONAL CO-OPERATION .................................................................. 8
CHAPTER 2 . CONTEXT. PURPOSE AND SCOPE OF THIS REPORT ...................1 1
2.1 THE"FOOTPRINTS" REPORT AND SUPPLEMENTARY REPORTS ........................................ 11
2.2 RESPONSES TO THE NIC DESIGN MODEL................................................................... 15
2.3 OF THE FEDERAL
APRIL. 1996. DECISIONS CABINET ................................................... 25
2.4 THE NEEDFOR REVIEW OF THE NIC "FOOTPRINTS" MODELFOR DESIGN OF THE
NUNAVUT GOVERNMENT ....................................................................................... 30
2.5 CONSIDERATIONSOF TIMING .................................................................................. 31
2.6 SCOPEOF THISREPORT .......................................................................................... 33
2.7 CONSULTATION................................................................................................... 34
CHAPTER 3 . ORGANIZATION AND DESIGN OF THE NUNAVUT
GOVERNMENT .....................................................................
3.1 BACKGROUND .....................................................................................................37
3.2 APRIL. 1996. FEDERAL CABINET DECISIONS .............................................................43
3.3 RESPONSE OF G M AND NTI TO THE "FOOTPRINTS" MODEL ...................................... 44
3.4 REVIEWAND REVISION OF THE "FOOTPRINTS" MODEL............................................... 44
3.5 EFFECTOF PRIVATIZATION AND DOWNSIZING ON THE MODEL...................................... 57
3.6 FTE REQUIREMENT PROJECTIONS ........................................................................... 58
3.7 REVIEW AND APPROVAL ........................................................................................58
CHAPTER 4 .' NEW APPROACHES TO WORK ..................................................6 1
4.1 BACKGROUND ..................................................................................................... 61
4.2 WORKAND SOCIETAL WELL-BEING ......................................................................... 63
4.3 THEFUTURE OF WORK:THENUNAVUT CONTEXT ...................................................... 64
4.4 STRUCTURINGWORKING TIMEIN THE NUNAVUT GOVERNMENT ................................... 67
4.5 TYPESOF FLEXIBLE WORKING ARRANGEMENTS ......................................................... 69
4.6 IMPLEMENTATION CONSIDERATIONS ........................................................................ 73
4.7 FUTUREOF WORKIN NUNAVUT CONFERENCE ........................................................... 74
CHAPTER 5 . TELECOMMUNICATIONS IN NUNAVUT........................................
77
CHAPTER 5 . TELECOMMUNICATIONS IN NUNAVUT (cntd)
5.9 TELECOMMUNICATIONS
TRAINING
AND TECHNICAL SUPPORT ...................................... 107
5.10 TELECOMMUNICATIONS
TECHNICAL
SERVICESDIRECTORATE ......................................108
5.1 1 TOTALTELECOMMUN~CATIONS
INFRASTRUCTURE AND INTRANET COSTS....................... 111
5.12 CREATINGA USABLE
INFORMATION
BASEFOR NUNAVUT ............................................114
CHAPTER 6 . RECRUITMENT AND EMPLOYMENT OF THE NUNAVUT
GOVERNMENT WORK FORCE ................................................
6.1 OVERALL .......................................................................................... 121
OBJECTIVES
6.2 TRAININGAND EDUCATION .................................................................................. 124
6.3 EXISTINGG N W EMPLOYEES ............................................................................... 127
6.4 BRMS AND CONDITIONS OF EMPLOYMENT AND LABOUR RELATIONS IN THE
NUNAVUT GOVERNMENT WORKFORCE .................................................................. -134
6.5 PROCESSFOR MAKING STAFFING DECISIONS ............................................................. 138
CHAPTER 7 . INFRASTRUCTURE ............................................................... 1 4 1 -
7.1 BACKGROUND .................................................................................................... 141
7.2 APRIL.1996. FEDERAL CABINET DECISIONS RE: NUNAVUT ........................................ 142
7.3 REVISIONOF THE ORGAN~ZAT~ONAL DESIGNMODELFOR THE NUNAVUT
GOVERNMENT .................................................................................................... 143
7.4 TELECOMMUNICATIONS REQUIREMENTS .................................................................. 144
7.5 INFRASTRUCTURE PLANNED BY THE G M.............................................................. 145
7.6 STAFFHOUSING REQUIREMENTS ............................................................................ 145
7.7 INCREMENTAL INFRASTRUCTURE REQUIREMENTS ...................................................... 146
7.8 ACTIONREQUIRED .............................................................................................. 146
7.9 DEFINITIONOF INCREMENTAL INFRASTRUCTUREAND PLANNING PARAMETERS ...............147
CHAPTER 8 . SCHEDULING THE SETTING UP OF THE NUNAVUT
GOVERNMENT ..................................................................... 1 5 3
8.1 .................................................................................................... 153
BACKGROUND
8.2 ................................................................................................... -154
NEWFACTORS
8.3 TRANSFER
SCHEDULE PLANNING ASSUMPTIONS ........................................................ 156
8.4 RECOMMENDEDSCHEDULE ................................................................................... 156
CHAPTER 9 . FINANCIAL MATTERS ...........................................................1 6 1
9.1 FINANCIALCONTEXT .......................................................................................... 161
9.2 IMPLICATIONS
OF FEDERAL CABINET DECISIONS .......................................................164
9.3 DIVISION
OF ASSETSAND LIABILITIES .....................................................................166
9.4 ON-GOINGCOSTSOF NUNAVUT GOVERNMENT AND FUNDING OF NUNAVUT
GOVERNMENT OPERATIONS ................................................................................... 172
CHAPTER 10 . LANGUAGE ..........................................................................1 9 5
...................................................................................................
1 0.1 INTRODUCTION 195
10.2 THESTATEOF LANGUAGE GROUPS IN NUNAVUT: RELEVANT DEMOGRAPHICS AND
OTHERPRACTICAL CONSIDERATIONS ......................................................................198
10.3 OFFICIALLANGUAGE STATUS IN POST-DIVISION NUNAVUT ........................................ 201
10.4 A LANGUAGE POLICY FOR NUNAVUT .....................................................................203
"Footprints 2" - pg. vii
"Footprints" means the first report of the NIC, entitled Footprints in New
Snow: A Comprehensive Report from the Nunavut Implementation
Commission to the Department of Indian Affairs and Northern
Development, Government of the Northwest Territories and Nunavut
Tunngavik Incorporated Concerning the Establishment of the Nunavut
Government, March 31,1995;
"Inuit language" means the spoken and written forms of the language of the
Inuit of Nunavut, including lnuktitut and Inuinnaqtun;
"Nunavut Agreement" means the land claims agreement signed on May 25,
1993, entitled Agreement between the Inuit of the Nunavut Settlement Area
and Her Majesty the Queen in Right of Canada;
"Footprints 2" - pg. ix
"Nunavut Political Accord" means the agreement by that name entered into
on October 30,1992, by representatives of the Government of Canada, the
Government of the Northwest Territories, and the Tungavik Federation of
Nunavut;
Government of the Northwest Territories (GNWT), Working Toward 1999, May, 1996.
"Our meeting is a timely one. The Nunavut Act was enacted by Parliament in
the summer of 1993. The Nunavut Territory and Government will come into
existence on April 1,1999. Thus, we are just about half way through our shared
planning and preparations work. It is an appropriate time to take stock."
It was more than 20 years ago that Inuit Tapirisat of Canada presented the
federal Cabinet with a comprehensive proposal, entitled Nunavut, seeking the
creation of a Nunavut Territory and Government as part of an overall settlement of
Inuit land rights in those parts of the Northwest Territories (NWT) lying north of
the tree line. The Nunavut Territory and Government will flow out of a
commitment made in the Nunavut land claims agreement (Agreement Between
the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of
Canada: "the Nunavut Agreement"), but organized to allow for the full political
participation of Inuit and non-Inuit residents alike; they will come into existence, as
scheduled by statute, on April 1, 1999.
The success of such administrative engineering will be no less critical than the
integrity of the political architecture. Governments must effectively serve as
efficient deliverers of needed programs and services as well as legitimizing
instruments of collective decision making.
"In the day-to-day distractions that accompany our efforts, it is easy to overlook
what we have collectively achieved. Yet, it is important not to overlook these
achievements. Let me take a moment to remind you.
"Footprints 2" - pg. 3
First of all, there appears to be broad consensus on the main design features of
the Nunavut Government, as reflected in the NIC's first comprehensive report
Footprints in New Snow. There is wide support for a streamlined,
decentralized Nunavut Government headquarters, with high priority being
given to hiring and training of Inuit and other local residents.
Secondly, we now know that Iqaluit will be capital of Nunavut. The public
opinion poll on the choice of capital was carried out in an efficient and non-
controversial way, and the results of the opinion poll were - fortunately - clear
enough to prevent any lingering uncertainties. At NIC, it is our hope that the
continuing emphasis being placed on decentralization of the Nunavut
Government will assure communities that new employment and other
economic opportunities will be fairly shared. With respect to resolving the
capital issue - potentially, the most divisive issue involved in preparing for
Nunavut - Minister Irwin deserves particular credit for exercising his
responsibilities under the Nunavut Act in a forthright and timely way.
Thirdly, the recent federal Cabinet review of Nunavut issues has confirmed
the highest level of political support for the Nunavut project within the
Government of Canada and has clarified the funding commitments available
to carry out crucial infrastructure, training and other transitional work. The
recent federal Cabinet review has not, of course, resolved all the financial
issues relevant to the creation and operation of the Nunavut Government; we
expect that the discussions leading to the 1998 federal Cabinet reference about
the on-going budgetary needs of the Nunavut Government will be - as the
diplomats like to say - "frank but friendly." Notwithstanding the challenges
that lie ahead, the investment of substantial sums of money in the Nunavut
project at a time of major fiscal constraint represents proof positive of
Nunavut's high profile in Canada's national agenda.
Finally, we must remind ourselves that the most important element of our
collective work - the support and enthusiasm of the people of Nunavut - has
continued to build. Nunavut is no longer just a political dream; it is becoming
the essential departure point in planning for the future at the Nunavut-wide,
community and personal levels.
"Footprints 2" - pg. 4
1.2 Roles and Responsibilities of the Three Parties and the NIC
The Government of Canada, the GNWT and NTI each have specific
responsibilities relevant to the creation of the Nunavut Government and roles
commensurate with those responsibilities.
The GNWT is, under the terms of the federal Northwest Territories Act and
within the context of Canadian federalism, a publicly elected and accountable
government responsible for those core matters that are normally assigned to
provincial and territorial jurisdictions in Canada. Until April 1, 1999, the Legislature
and Government of the NWT have broad legislative, financial and administrative
responsibilities with respect to all residents of the NWT - of Nunavut and the
western region alike. In addition to its overall responsibilities, the GNWT has
specific duties under the Nunavut Act (e.g. the entering into of an agreement on the
division of assets and liabilities as a consequence of division of the NWT).
They overlap. This overlap is readily apparent in both the form and contents of the
key documents defining legal commitments and political undertakings that have
been made concerning Nunavut. The Nunavut Agreement - a "treaty" for the
purposes of constitutional status and interpretation - was signed by the directors of
NTIfs corporate predecessor on behalf of the Inuit of Nunavut and by federal
government and GNWT ministers on behalf of the Crown in right of Canada. The
Nunavut Political Accord, which fleshed out key features of the design, operation
and financing of the Nunavut Government and the process for its creation, was
signed in October, 1992, by representatives of NTI and of the federal and territorial
governments. Finally, provisions of the Nunavut Act reflect the overlapping
responsibilities of the three parties to the Nunavut Political Accord; it is revealing,
for example, that nominations of Commissioners to the NIC are made by each of the
three parties and that the Chairperson of the NIC must be acceptable to all three
parties.
The NIC, unlike the three parties to the Nunavut Political Accord, is made up
of individuals who are appointed, not elected, to their offices. Also unlike the case
with the three parties, the mandate of the NIC is advisory, not decision making. The
scope of this advisory role has been laid out by Parliament in section 58 of the
Nunavut Act:
(b) the process for the first election of the members of the Assembly,
including the number of members and the establishment of electoral
districts;
(d) the process for determining the location of the seat of government of
Nunavut;
(e) the principles and criteria for the equitable division of assets and
liabilities between Nunavut and the Northwest Territories;
(h) the arrangements for delivery of programs and services where the
responsibility for delivery by Nunavut is to be phased in; and,
(i) any other matter related to it by the Minister, with the consent of the
government leader of the Northwest Territories and of Tungavik."
Consistent with the NIC being created through federal statute to supply advice
to more than one party, the Nunavut Act provides that a copy of the annual report
of the NIC is to be tabled by the Minister of DIAND in Parliament and that, upon
tabling, copies are to supplied by the Minister to the GNWT (and to the
Government of Nunavut in the last year of the NIC1s work) and to NTI.
1.3 The Work of the NIC and the Three Parties to Date
Since its creation at the end of 1993, the NIC has carried out a diversity of tasks
consistent with its mandate. Many of these tasks have involved promoting better
understanding of Nunavut and Nunavut issues both in the north and in other
parts of Canada. This communications side of the NIC's work has been somewhat
unpredictable in its flow and format, divergent with respect to the level of detail
sought by various audiences, and interwoven with the other internally and
externally driven demands on the NIC. In the course of the last three years,
Commissioners and staff have done things such as the following: organized and
participated in community tours; offered briefings to elected legislators, municipal
council members, and senior government officials; made submissions to
parliamentary bodies; spoken at schools and universities; met with hunters and
trappers; fielded media inquiries from around the world; taken part in mass events
such as the Canadian National Exhibition in Toronto; addressed academic
conferences; and, replied to correspondence from organizations and individuals
from around Nunavut, Canada, and the world.
An essential part of the NIC's work has been face to face, person to person
contact. At least as important a task for the NIC, as is the case with all advisory
bodies, has been "to march on paper." The NIC has done so by the development and
submission of a number of reports to the three parties, namely the following:
Apart from the reports that have been prepared to date by the NIC, there have
been two important documents released by parties to the Nunavut Political Accord.
These documents have been inspired, at least in part, by recommendations brought
forward by the NIC in its jottings. They are, the detailed January, 1996, response of
NTI, entitled Response to the Recommendations of the Nunavut Implementation
Commission on the Establishment of the Nunavut Government, to the various
recommendations advanced by the NIC in "Footprints", and the May, 1996, GNWT
"Footprints 2" - pg. 8
document, entitled Working Toward 1999. This latter document pursued the
following objective:
"While there has been discussion of the NIC report with the NIC and between
the parties to the Nunavut Political Accord, the GNWT has not issued a public
response to Footvrints in New Snow. This statement is intended to meet this
need."
(page 6)
While statements made on behalf of the Government of Canada have
indicated that the NIC's recommendations in "Footprints" have had central
influence on its views as to the design of the Nunavut Government and the process
for its creation, the Government of Canada has not produced a comprehensive
written response to "Footprints".
1 . 4 Multi-Organizational Co-operation
Submission by the NIC of "Footprints" to the three parties in the spring of 1995
produced a number of multi-lateral and bi-lateral meetings. Some of these meetings
involved participation by the NIC, others did not. An early response of the three
parties was to invite the NIC to carry out, as a pressing item of business, further
research and analysis on a number of matters dealt with in "Footprints".The NIC
agreed to do so, leading to the submission of a series of supplementary reports to the
three parties over the period June, 1995, to July, 1996 (see previous section).
While leaders' level and officials' level contacts involving the three parties and
the NIC continued throughout the period between the release of "Footprints" and
events surrounding the announcement of federal Cabinet decisions in relation to
Nunavut on April 30, 1996, the most high profile meetings took place in Rankin
Inlet, September 29-30, 1995, and in Arviat, May 10-11, 1996. Each of these meetings
was attended by the Minister of DIAND, the member of Parliament for the Nunavut
area, the Premier and other Ministers of the GNWT, members of the NWT
Legislative Assembly from the Nunavut area ("the Nunavut Caucus"), the
President, other executive members, and other directors of NTI, and the NIC
Commissioners. Staff members of the various participating organizations also
attended, and television, radio and print journalists sat in for portions of the
discussions. Each meeting attracted a high level of public interest.
These two key meetings resulted in much needed political review of the
various policy considerations and choices at play in the work of designing and
setting up the Nunavut Government. A number of key decisions were struck at the
meetings, allowing the work towards Nunavut to proceed, most notably the
"Footprints 2" - pg. 9
decision made at the September 29-30, 1995, meeting in Rankin Inlet to organize a
public opinion poll across Nunavut as to the preferred location of Nunavut's
capital. The discussions at each of the meetings was spirited and occasionally
fractious. From the NICfs perspective, however, the sometimes sharp differences of
opinion expressed at these meetings were a function of their utility and vitality, and
periodic meetings of this kind should be seen as a necessary part of making progress.
Unanimity of opinion on all important points is unlikely to emerge at meetings of
this kind in the future, anymore than it did at the two meetings to date. But that is
not the point. Background briefings and the frank airing of concerns and preferences
do three things: they supply key players with a common information base; they
allow consensus to emerge on some points where consensus has been lacking; and,
even where complete consensus is not possible, they allow participants to carry out
their respective responsibilities in ways that take more clearly into account the
responsibilities and operating environments of others.
In the early part of 1996, it became apparent that timely progress on Nunavut
issues would benefit from a more predictable form of inter-organizational
co-operation at the staff level. This led to the establishment of a Co-ordinating
Committee of Officials on Nunavut (CCON) in March, 1996, to "facilitate multi-
lateral co-operation and collaboration in the planning and preparation for the
establishment of the Nunavut Government and Territory." The mandate of the
CCON is as follows:
Recommendation #I -1
The NIC recommends the continuation of leaders' level meetings, following the
general format of the Rankin Inlet (September 29-30' 1995) and Arviat (May 10-
11,1996) meetings. The NIC recommends that the next such meeting occur as soon
as practicable following the appointment of the Interim Commissioner and that
meetings take place every five to six months thereafter until the coming into
existence of Nunavut on April 1, 1999. The NIC recommends that the Chairperson
of the Nunavut Caucus continue to serve as official "host" of the meetings, with
preparatory staff work carried out by the Clerk of the NWT Legislative Assembly and
the Co-ordinating Committee of Officials on Nunavut (CCON).
Recommendation #1-2
In developing the model for the design of the Nunavut Government set out in
Footprints in New Snow, and elaborated upon in various supplementary reports,
the Nunavut Implementation Commission was conscious of needing to balance
two equally important considerations.
On the one hand, it was crucial for the three parties to the Nunavut Political
Accord, and for the people of Nunavut, to take an in-depth look at a rational and
viable blueprint of how the Nunavut Government could be put together, conscious
of a whole host of relevant factors: the constitutional primacy of aboriginal and
treaty rights; the psychology and dynamics of organizational structures; how the
administrative features of the Government of the Northwest Territories have
evolved and now exist; Nunavut demographics; the unique socio-economic and
cultural make-up of Nunavut society; financial constraints shaping public policy
making and decision making in today's Canada. With these and other relevant
factors in mind, the NIC advanced what it hoped would be perceived as a sensible
model for how the Nunavut Government could be organized. While not going out
of its way to invite slings and arrows in its direction, the NIC recognized the need to
assemble, within a reasonably compressed period of time, a model of the Nunavut
Government that would serve as "a target to shoot at."
Balancing the NIC1s perception of the need to generate a thought through and
plausible design model was its recognition of the down side of trying to be too
prescriptive. A number of considerations figured in this recognition.
One consideration was a healthy awareness that the best intended recommend-
ations of the NIC need to be filtered through the hard won experience gained in
operating government programs and services on a day-to-day basis, and that this
experience exists in far more liberal measure outside the NIC than within it.
Another consideration was the reality that the design of government structures
is not just an exercise in finding out what is most "rational" or "cost efficient"; the
design of government structures involves questions of public preference as well as
bureaucratic logic - this is particularly evident with respect to such things as relative
centralization/decentralization of operations and the geographic distribution of
offices and employment.
"Footprints 2" - pg. 12
In dealing with the need for a certain degree of both predictability and flexibility
in the work of planning and preparing for Nunavut, the NIC was careful in
"Footprintsf' to give its suggestions for a specific design model for the organization
of the Nunavut government (i.e. specific departments, numbers of personnel,
location of offices, etc.) a sound conceptual grounding. In going about the
development of this report, with its review and refinement of the particulars of the
design model set out in "Footprintsff, the NIC has re-examined the general
challenges, principles, and organizing conclusions set out in its earlier report. From
the NIC's perspective - and especially in the light of an absence of a complete set of
explicit responses on the part of all three parties to the Nunavut Political Accord -
those general challenges, principles, and organizing conclusions set out in
"Footprintsff remain relevant and worth repeating:
Challenges
Principles
based on the Nunavut Political Accord, the financing of the creation and
operation of the Nunavut Government should reflect the following:
Organizing Conclusions
the Nunavut Government work force must reflect the people governed;
education and training plans must build towards the objective set in the
Nunavut Agreement of representative levels of Inuit employees (80-
85%); in order to be credible, the Nunavut Government must begin its
existence with a proportion of Inuit employees at least equivalent to the
proportion of Inuit in the current Nunavut public sector work force
(approaching 50%);
the most important political link for the people of Nunavut will be the
link between the Government of Nunavut and the Government of
Canada; relations with other jurisdictions, including relations with the
remaining Northwest Territories, will be less important; and
Recommendation #2-1
The NIC recommends that the work towards the creation of the Nunavut
Government proceed in full recognition of the relevance of the challenges,
principles and organizing conclusions first set out in the "Footprints" report and
restated above.
The NIC's "Footprints" report put forward a model for the design of the
Nunavut Government, giving particular attention to the features of the
headquarters component of the Government that must be "added on" to the
regional and community levels of government operations that already exist in the
Nunavut area. Major features of this model included a smaller number of
government departments than characterize the GNWT, a reduced number of
government agencies, decentralization of headquarters and regional office positions
across 11 communities, and the addition of a smaller number of full-time
equivalent positions (FTEs) for the Nunavut Government (600) than was the case
with earlier design models prepared in 1992 for the GNWT and DIAND. Given the
uncertain outcome to the debate over the choice of capital at the time of
"Footprints", the model was put forward in three versions, depending on whether
Cambridge Bay, Iqaluit or Rankin Inlet were to become capital.
While varying considerably in form, timing and precision, all three parties to
the Nunavut Political Accord reacted to the substantive recommendations of the
"Footprints" model. These reactions are summarized below.
"Footprints 2" - pg. 16
Prior to the completion of the federal Cabinet review of Nunavut issues in the
first months of 1996, the Government of Canada did not provide a formal response
to the various recommendations set out in "Footprints". The Government of
Canada did, however, supply other parties to the Nunavut Political Accord, the NIC
and the public with some indications of its own views as to the direction of work in
relation to Nunavut.
The first major indicator of the federal government's outlook took the form of
a list of points that were caused to be circulated by the Minister of DIAND
at the meeting of Nunavut leaders in Rankin Inlet on September 29-30, 1995. While I
these points were not introduced as "positions" of the Government of Canada, and
did not become the object of any formal endorsement by any of the participating
organizations at the meeting, they did provide some insight into how the
Government of Canada's views were taking shape in the wake of the NIC1s first
comprehensive report. The "points" circulated at the meeting were as follows:
2. Nunavut should have its own distinctive coat of arms, flag, and symbols.
1. The Constitution Acts 1867- 1982 and the Charter of Rights and Freedoms
be amended to reference Nunavut.
The NTI position also set out a number of other viewpoints that either differed
with or expanded upon the "Footprints" report. They included the following:
NTI's comprehensive response was released in January, 1996, bearing the title
Response to the Recommendations of the Nunavut Implementation Commission
on the Establishment of the Nunavut Government.
"The lack of progress in the area of training and human resources planning is
of great concern to NTI. Inuit make up the overwhelming majority of the
population of Nunavut, yet will not be in a position to occupy key senior
positions within the Nunavut Government if training needs for Nunavut are ,
not addressed immediately."
(page 3)
"In addition to funding for training for the Nunavut Government work force,
adequate financial resources must be committed to the construction of
infrastructure and to the on-going operations of the Government of Nunavut.
The Government of Nunavut must be provided with the resources necessary
to be able to provide programs and services to the citizens of Nunavut at a
standard comparable to that enjoyed by other Canadians."
(page 3)
Picking up from the NTI Board of Director's initial reaction to "Footprints", the
comprehensive response provided a more detailed set of opinions in relation to the
substantive recommendations of the NIC report. Like the earlier Board of Directors'
resolution, the comprehensive report supported most of the broad features of the
design model advanced by the NIC and many of the more specific features as well.
The comprehensive report indicated a number of areas where NTI favoured other
ways of designing and organizing the Nunavut Government. While a full
appreciation of the similarities and contrasts between "Footprints" and NTI1s
comprehensive report requires a close reading of both documents, the following
matters were among the more important ones where NTI put forward a different
approach:
that the precise size of the Nunavut Legislative Assembly, the issues of two-
member constituencies, gender equality and the direct election of the
Nunavut Government Leader be determined following further research and
consultation on this matter by the NIC;
that, while the NTI generally supported the organizational structure of the
Nunavut Government, NTI preferred:
that any job security for existing GNWT employees in the Nunavut
Government be subject to any Inuit language proficiency requirements and
the opening up of all positions to competition after three years;
In May, 1996, the GNWT published a report about division entitled Working
Toward 1999. The purpose of the report was described in its introduction:
"While there has been discussion of the NIC report with the NIC and between
the parties to the Nunavut Political Accord, the GNWT has not issued a public
response to Footvrints in New Snow. This statement is intended to meet that
need.
the approach that the NIC recommends to the creation of Nunavut and the
approach of the GNWT. The GNWT agrees with the general thrust of the
NIC's recommendations; however, there are some areas in which the approach
of the GNWT differs from that of the NIC. But even in those cases where there
is not complete agreement, there is often agreement of the general approach. In
all cases the report of the NIC has stimulated reflection and discussion in these
critical areas."
(page 6)
Working Toward 1999 set out a number of basic principles that the GNWT
believed should be central to planning and preparing for creation of Nunavut and
division of the NWT:
"Basic Principles
That Nunavut Tunngavik Inc. be accorded a role in the process for the
establishment of Nunavut consistent with its role as signatory to the
Nunavut Land Claims Agreement and the Nunavut Political Accord.
That the level of programs and services provided to residents of the NWT
not be diminished as a result of division.
That planning for Nunavut preserve the maximum flexibility for the
future Nunavut government.
As noted above, the report indicated that there was a great deal in common
between the recommendations of the NIC in "Footprints" and the views of GNWT,
but that there were also areas of significant difference in focus and thinking. Some
key differences were as follows:
"That all issues associated with the resident courts be addressed well in
advance of April 1,1999 either by relocating sufficient level of judicial and
other related resources to the Nunavut region or by otherwise making
provision for such resources."
(page 15)
(page23)
"That the BIP [ed. note - GNWT Business Incentive Policy], as may be
modified from time to time, apply to this infrastructure in the period
leading to April 1,1999."
(page29)
Some of these points were more in the nature of elaborations of the NIC
recommendations in "Footprints" than direct contradictions.
"Footprints 2" - pg. 25
The release and review of "Footprints", combined with the conducting of the
public opinion poll across Nunavut concerning the best choice of capital - Iqaluit or
Rankin Inlet - in early December, 1995, permitted the Minister of DIAND to go
forward to the federal Cabinet with a reasonably complete picture of the key
government design, infrastructure, education and training, funding, and other key
questions tied up in the creation of Nunavut.
The major decisions flowing from the Cabinet reference were made known by
the Minister of DIAND to leaders of the GNWT and NTI and to representatives of
the NIC at the end of April, 1996, and communicated shortly thereafter in
summarized form to the public through a news release entitled Nunavut on Track
to Meet 1999 Deadline. The news release read as follows:
OTTAWA (April 30,1996) - Iqaluit is now officially declared the future capital
of Nunavut, Minister of Indian Affairs and Northern Development Ronald A.
Irwin announced today. In a plebiscite held on December 11,1995, residents
voted 60.2% in favour of Iqaluit as their future capital. The Minister also
reported on preparations for establishing Nunavut as a new territory.
Inuit will be trained for jobs in the future territorial government to help
Nunavut achieve a qualified, resident and representative public service. A
four-year training strategy will be put in place in the near future in partnership
with the Government of the Northwest Territories and the Nunavut
Tunngavik Incorporated.
lqaluit as capital
decentralization
housing $ 60 million
The Challenge:
The Strategy:
Costs
Total
"Footprints 2" - pg. 30
The policy and financial planning assumptions set out in the April, 1996,
federal Cabinet decision have, for obvious reasons, been a crucial factor in the
development of this report.
The model put forward by the NIC in "Footprints" has served as a focal point
for discussion and reflection among the three parties to the Nunavut Political
Accord, and among the Nunavut public, as to how best to conceive and to execute a
design for the organization of the Nunavut government. While the model was set
out in three versions, varying with the choice of capital, the fundamental features of
the model - numbers of departments, size of personnel, commitment to
decentralization - were offered in sufficient detail to allow the three parties to
indicate their general and specific reactions. In particular, the "Footprints" model
was sufficiently detailed to allow the federal Cabinet to consider hard financial
commitments to the supply of necessary infrastructure, human development, and
other transitional and implementation priorities.
L
Following the federal Cabinet decisions of April, 1996, it is now necessary to
fine tune the "Footprints" model. One aspect of this work is straightforward: in light
of the decision to make Iqaluit capital, it is no longer necessary to pursue three
separate versions of a single model. The remaining aspects of the work involve
taking a long, close, second look at all the key design features of the "Footprints"
model, mindful that the design model that emerges from the current process is not
likely to admit to major revision in the period leading up to April 1, 1999. Put
another way, this second cut at the overall design of the Nunavut Government
cannot realistically be viewed as presenting a "target to shoot at"; rather, at this stage
of the planning exercise we are rapidly moving to locking in the start-up design of
the Nunavut Government. This point can be overstated; after all, governments are
always open to organizational redesign. That qualifier notwithstanding, there is
every incentive to get things right in the development of and response to the
government design features of this report.
Review of the design model for the Nunavut Government set out in the
"Footprints" model needs to take the following factors into account:
"Footprints 2" - pg. 31
Government of Canada,
the GNWT,
NTI, and
priorities that have been set by the NWT Legislative Assembly and the
GNWT for the period up to 1999; and,
The NIC has given central consideration to these factors in the preparation of
this report.
The timetable for the development of this report was largely determined by
two factors.
The first factor was the timing of the federal Cabinet reference in April, 1996.
The key substantive contents of this report could not be worked through unfil
clarity emerged as to what kind of design for the Nunavut government - and what
kind of financial resources to begin giving effect to that design - the Government of
Canada would be prepared to live with.
A second factor was the diminishing amount of time available to give life to
whatever design would find consensus: to complete architectural blueprints for
buildings; to sea-lift materials; to offer training positions to specific individuals; to
recruit an Interim Commissioner - to bang real nails into real boards and hire real
folks for real jobs.
!'Footprints 2" - pg. 32
A combination of these factors led the NIC to undertake to the three parties to
the Nunavut Political Accord to prepare - as expeditiously as possible - a second
comprehensive report on as full a range of outstanding issues as possible, with
priority of attention being devoted to the review and modification of the design
model for the Nunavut Government outlined in "Footprints". In calculating,
backwards from April 1, 1999, the kind of lead times needed to implement major
infrastructure and training projects, the NIC concluded that its second
comprehensive report would need to be in the hands of the three parties at the end
of summer, 1996, and made public as soon as practicable after that.
We are a few weeks late with this report; but only that. The relatively short
period of time available has had, of course, material effect on the contents of the
report. Some of the subject matters dealt with in the report have received much
greater attention than others. The comparatively thin treatment afforded some
subject matters does not constitute a conclusion that these areas lack importance;
rather, the concentration of efforts revealed in this report testifies to the greater
urgency of some issues than others. It is the NIC's expectation that some subject
matters receiving minimal attention in this report will be the focus of on-going
work by the NIC.
A final - but from the NIC's point of view, crucial - note needs to be made
with respect to considerations of timing. The efficient and effective establishment of
the essential administrative machinery of the Government of Nunavut will depend
at least as much on the timeliness of responses of the three parties to the Nunavut
Political Accord to this report as to the substance of those responses. This is
particularly true with respect to fundamental design questions. Accordingly, there is
a self-evident need for all three parties to devote the political and bureaucratic
energies to do two things:
Recommendation #2-2
The NIC recommends that the Government of Canada, the GNWT and NTI make
every effort to respond promptly to the recommendations set out in this report,
notably in relation to the design of the Nunavut Government. Specifically, the NIC
recommends that the three parties make every effort to realize a consensus of
opinion on all fundamental design feature policy choices by December 31, 1996.
"Footprints 2" - pg. 33
Recommendation #2-3
The NIC recommends that, in the event that a consensus among the three parties to
the Nunavut Political Accord is not possible, despite their best efforts, by
December 31, 1996, the Minister of DIAND, in fulfillment of the federal government's
underlying responsibilities under the Nunavut Act, make decisions as to
fundamental design features prior to January 31, 1997.
Recommendation #2-4
The NIC recommends that the decisions as to fundamental design features of the
Nunavut Government referred to in Recommendations #2-2 and #2-3, whether
made on a consensus basis involving all three parties to the Nunavut Political
Accord or by the Minister of DIAND, be promptly made public.
The NIC1s general mandate under the Nunavut Act is a very broad one, that is,
"to advise the Government of Canada, the Government of the Northwest
Territories and Tungavik [ed. note - now named Nunavut Tunngavik
Incorporated] on the establishment of Nunavut." The contents of this report are
within this mandate.
Without limiting the breadth of the NIC1s mandate, or the NIC1s belief as to the
full contents of this report falling within it, the NIC is conscious of the hazards of
trying to get too far down the road, too quickly. It is tempting for all those who await
Nunavut with high hopes, especially those who have worked on Nunavut over the
years, to imagine how the day-to-day life of the Nunavut Legislative Assembly and
government might unfold in new and creative ways: new approaches to income
support for hunters; making the Inuit language a more vigorous language of
administration; etc. From the NIC1s perspective, enthusiastic discussion of such
possibilities is natural and welcome; at the same time, it is important not to be
distracted from the single most challenging job at hand - namely, ensuring that the
Government of Nunavut, on Day 1 of its life, is sufficiently seized of organizational
clarity and operational resources to take up the task of governing with well-placed
confidence as to its capacity, competence, and sense of purpose.
"Footprints 2" - pg. 34
Some of the subject matters dealt with in this report have lent themselves to
the NIC offering an exhaustive set of recommendations. Others have not done so.
Apart from the compressed timetable during which this report was prepared, two
other considerations have been at play. In some cases, one or more of the three
parties have not responded clearly to key recommendations in "Footprints", and
progress on the issues referred to in the recommendations await definitive response
(e.g. the division of assets and liabilities). In other cases - such as the make-up of the
Nunavut Legislative Assembly - the NIC would like to take some additional, but
limited, time to consider its own recommendations further.
In its early life, considerable attention was devoted to getting a reliable picture
of what kind of territorial government - in very wide brushstrokes - the people of
Nunavut wanted to see in Nunavut. The NIC was not, of course, flying blind; the
work on Nunavut over many years, going back to the inaugural efforts of Inuit
Tapirisat of Canada and of the Nunavut Constitutional Forum, and continuing
right up to the negotiation of the Nunavut Political Accord, provided a solid set of
ideas about the fundamental make-up of Nunavut - such things as a strong
commitment to the political equality of all citizens. Building on such work, the NIC
convened two large Nunavut-wide meetings as part of the process leading to the
recommendations on government design set out in "Footprints".
The first meeting, in June, 1994, consolidated support for a set of broadly
phrased principles to govern the design and operation of the Nunavut
Government, principles such as the desirability of a high level of decentralization
and the importance of training and hiring Inuit and other Nunavut residents for
new public sector jobs.
At the leaders' level, the NIC has been involved in a number of major, high
profile meetings aimed at trying to build political consensus, meetings such as the
Rankin Inlet leaders meeting in September, 1995, and the Arviat leaders meeting in
May, 1996, and in various other more informal meetings involving federal,
territorial and Inuit organization leaders.
At the staff level, the NIC has been involved in an uninterrupted flow of
consultations with officials of the three parties to the Nunavut Political Accord in
Nunavut, Yellowknife, and Ottawa, both on a bi-lateral and - increasingly - a multi-
lateral basis. Such meetings have in no way been confined to discussions with those
officials whose responsibilities are defined exclusively or primarily in relation to
Nunavut; rather, they have involved a whole range of officials whose work will
directly or indirectly be connected to the creation and existence of Nunavut,
including the senior managers of virtually the entire GNWT, and of federal
departments and agencies ranging from the Office of the Chief Herald to the Royal
Canadian Mounted Police.
Besides on-going meetings with leaders and officials of the three parties to the
Nunavut Political Accord, carrying out a diversity of general and specific
responsibilities, the NIC has initiated many meetings, and responded to many
requests for meetings, at the regional and community levels in Nunavut. The
Chairperson and individual Commissioners, taking advantage of other travel
commitments as well as making special purpose arrangements, have met on
numerous occasions with mayors and councils and with other community-based
organizations. At meetings of the full Commission held in Nunavut, we have
taken advantage of the presence of Commissioners and staff being in a single
location to meet with local organizations that sometimes do not get a chance to
voice their concerns directly to outside bodies. We have also met with the elected
leaders of organizations that have special function mandates extending across
regions or across Nunavut as a whole - organizations such as boards of education
and employees' associations. We have gotten out critical information concerning
the NIC's work and schedule on the airwaves, in print, and on the World Wide
"Footprints 2" - pg. 36
A more detailed summary of the NIC's consultation and related efforts have
been made available to the Minister of DIAND in association with the NIC's
reporting obligations under the provisions of the Nunavut Act and as stipulated in
its funding contribution agreements.
3.1 Background
(a) Principles
"
the administrative structure of the Nunavut Government should be
consistent with the responsibility and accountability of the Legislature and
Executive Council (Cabinet);
The above principles served as the fundamental building blocks to the design
model in the "Footprints" model. From these principles, two key design features
were established:
the location of some territorial and regional facilities, both existing and as
required in future years, in communities throughout the regions;
the stipulation that the community that is selected to be the capital should
not continue to be a regional centre as well; regional offices currently
located in that community should move out to other communities in
that region;
Ten Departments
Human Resources
Education
Sustainable Development
Shared Structures
Headquarters
Regional Offices
Baffin Region
Keewatin Region
Kitikmeot Region
"Recommendation #5-1
Recommendation #5-2
Recommendation #5-3
The NIC recommends that all special purpose boards, agencies, councils and
similar bodies that are now operating in Nunavut that are funded, directly or
indirectly by the GNWT, should be reviewed as to whether or not they are a
necessary part of a smoothly functioning public administration in Nunavut.
"Footprints 2" - pa. 43
Recommendation #5-4
The NIC recommends that, because of their size and significance, the future of
regional education and health boards not await the general review of special
purpose bodies referred to above. In relation to education, the NIC
recommends that the three existing regional boards be merged and redefined as
a single Board of Education. With respect to health, the NIC recommends the
abolition of regional health boards and the provision of health care programs
through a Nunavut Department of Health and Social Services.
Recommendation #5-5
The NIC recommends that, following on the efforts of Cape Dorse t and other
communities to secure greater control of programs and services at the local
level, it is appropriate to support the continued devolution of additional
responsibilities to community governments. Devolution to community
governments should not be carried so far as to impair the coherence of the
Nunavut Government or to introduce unacceptable diseconomies of scale."
"Footprints" was presented to the federal government, the GNWT and NTI at
the end of March, 1995. The report was then distributed widely within government
and, through a publicly released version, to Nunavut communities and
organizations and to members of the public. The design model recommended in
"Footprints" formed the basis of the federal Cabinet's review of Nunavut issues in
April, 1996.
In its April, 1996, review of Nunavut Government issues, the federal Cabinet
made various financial and other commitments based on its high level of comfort
with the design model put forward in "Footprints".
ootprints" Model
In their responses to "Footprints", both the GNWT and NTI gave broad
support to the key organizational principles and decentralization elements of the
NIC's recommended design model. Each of them made some specific observations
as to how some aspects of the design model might be redone. GNWT support for the
model was qualified by the need to obtain assurances from the federal government
that adequate financial resources would be made available to permit a continuation
of the scope and quality of programs and services now provided through the
GNWT.
Since the release of "Footprints", the NIC has reviewed the Nunavut
Government design model proposed in that report against the backdrop of changing
events. The following factors have been of particular significance:
The NIC has addressed these issues in considerable detail, especially in the
period following DIAND Minister Irwin's announcements in April, 1996, that made
known the results of the federal Cabinet review of Nunavut issues. The NIC's
review has revealed the particular significance of two issues for the organizational
design of the Nunavut Government:
"Footprints 2" - pg. 45
Just over 80% of the GNWTfs revenue comes from the federal government in
the form of a formula funding grant and other federal transfers. (In 1996-97, the
federal grant is forecast to provide 7O0/0 of GNWT revenues, and other federal
transfers 10%).The federal government is committed to a fiscal plan that will
reduce, and eventually eliminate, the large annual deficits inherited from more
free-spending days. A major component of the federal fiscal plan involves major
cuts to the levels of funding provided to the provinces and territories through
various intergovernmental agreements.
This has translated into a $ 60 million cut in the GNWT revenues, and the
effects of this reduction will be carried forward into future years. As the gross
expenditure base under the GNWT formula funding agreement is sensitive to
average expenditures on the part of provincial and community governments in
Canada, budget cuts in other parts of Canada will also serve to reduce GNWT
revenues.
The combined effects of reduced levels of funding help from the federal
government and a forced growth in expenditures to meet the increased demands for
programs and services have resulted in major financial problems for the GNWT.
The strategies and priorities adopted by the GNWT for the period leading up to
division have been prompted largely, but not entirely, by financial factors. A
number of major changes have been introduced in the design and operations of the
GNWT, including the following:
Privatization
The GNWT is in the process of privatizing program and service delivery at all
levels. The goal is to privatize and commercialize those current government
functions that can be delivered with greater efficiency by the private sector.
Opportunities for privatization are being pursued in most GNWT departments.
Some of the functions that are in the process of being contracted to the private sector
include:
"Footprints 2" - pg. 48 . .
community resupply;
property management;
In "Footprints", the NIC argued that the Nunavut economy could best be
served by a territorial government that delivers government services efficiently and
effectively, that draws its work force primarily from Nunavut, and that operates in
harmony with a diverse and robust private sector. While the privatization strategy
of the current GNWT is not inconsistent with those overall goals, some specific
privatization initiatives of the GNWT remain at odds with the detailed
recommendations of the NIC in "Footprints" and in this report.
Community Empowerment
The current status of community empowerment in the Nunavut area has been
assessed by the NIC in preparing this report. While some communities in Nunavut
have expressed an interest in actively pursuing options for the transfer of specific
programs from the territorial government to their communities, it is the NIC's
expectation that the extent of program and service transfers to the community level
in Nunavut will not - for understandable and acceptable reasons rooted in
community priorities and preferences - be substantial by April 1, 1999. No
fundamental major organization changes to the Nunavut Government design are
being recommended by the NIC at this time as a consequence of the on-going
community empowerment efforts of the GNWT.
"Footprints 2" - pg. 4 9
With these considerations in mind, the NIC's preliminary review suggests that
there may by scope for sharing with respect to a number of functions carried out by
the following GNWT departments:
The NIC has concluded that the prospects for inter-jurisdictional sharing are
not such as to warrant any major changes to the Nunavut Government design
model set out in "Footprints".
In "Footprints", the NIC observed that there has been a proliferation of special
purpose regional boards (boards, agencies, and the like) in the NWT. This has
created a number of problems:
boards lack direct accountability in the same way as exists for elected officials;
boards detract from the priority of programs and services being delivered at
the community level; and,
The NIC has referred in its work to a major study undertaken by the GNWT in
1991, Strength at Two Levels, which identified many of the same problems. Based
on such concerns, the NIC, made the following recommendation in "Footprints":
"Recommendation #5-4
The NIC recommends that, because of their size and significance, the future of
regional education and health boards not await the general review of special
purpose bodies referred to above. In relation to education, the NIC
recommends that the three existing regional boards be merged and redefined as
a single Board of Education. With respect to health, the NIC recommends the
abolition of regional health boards and the provision of health care programs
through a Nunavut Department of Health and Social Services."
The NIC recently reviewed the current direction of the GNWT regarding
regional boards and their relationship to its community empowerment priority.
One option apparently being considered by the GNWT would involve fundamental
change in the rationale and organizational structures of regional boards. With the
"Footprints 2" - pg. 51
Adopting this approach would likely entail major modifications to the roles
and structures of existing regional boards so as to define clearly the relationships
between the GNWT and regional boards, and between regional boards and
community governments. This could involve such things as:
stating clearly the core functions of boards and the standards to which they
must adhere;
downsizing boards;
The NIC believes that this approach might be usefully examined once
community governments have assumed an appreciably higher level of program
and service responsibility. It is likely to be a number of years, however, before
community governments in Nunavut fully assume a broad range of programs and
service responsibilities currently delivered by the GNWT. Premature introduction
of a regional structure with either direct accountability or quasi- accountability to
communities could work against community empowerment and result in authority
being exercised by regional boards that are neither fully accountable to the territorial
government nor to community governments. The NIC takes the view that the
evolution of regional structures should not take priority of focus over the
development of strong community governments.
The NIC takes the position that the major initiative respecting boards
advocated in "Footprints" - the creation of one Nunavut Education Board to replace
three regional ones and the elimination of regional health boards - remains valid.
The option of turning all boards into the agents of community governments should
be reserved for examination in the period following division when community
governments have acquired more experience in discharging enhanced
responsibilities for program and service delivery.
The replacement of three regional education boards with one Nunavut wide
education board might appear somewhat at odds with the NIC's endorsement of a
decentralized model of government. The NIC believes, however, that a small
Nunavut Board of Education with a limited but focused range of policy and
program tasks, accompanied by a high level of decentralization in responsibility for
the delivery of education, can achieve benefits in the form of greater coherence and I
efficiency of operations while still ensuring a high degree of local initiative. Similar
reasoning pertains to the elimination of the regional health boards, except the NIC
takes the view that broad issues of health policy can be adequately charted through
the activities of a department of the Nunavut Government responsible for health,
headed by a Minister answering to the Legislative Assembly.
The NIC recognizes that, in the parts of the NWT outside Nunavut, different
approaches may need to be taken with respect to the roles of regional boards as
instruments of regional political control.
Over the past two years some progress has been made on implementation of
the commitment to create these resource management bodies. This is especially true
with respect to the Nunavut Wildlife Management Board (NWMB). The NWMB
has now been up and running for some time, and has extensive working level
contacts with renewable resource managers in the relevant territorial and federal
government ministries. Experience to date does not indicate the existence of major
organizatiqnal overlaps between the NWMB and government ministries.
Circumstances requiring the joint participation of both the NWMB and
departmental officials are precisely those circumstances where the Nunavut
Agreement foresaw a division of roles and balancing of responsibilities.
Accordingly, the NIC continues to believe that the existence of the resource
management bodies created as a result of the Nunavut Agreement will not justify
the establishment of a Nunavut Government with much-diminished internal
expertise regarding resource expertise than the existing GNWT. As pointed out in
"Footprints", this belief does not detract from the shared responsibility of resource
management bodies and relevant government ministries to collaborate closely in
the pursuit of shared interests such as wildlife research, and to realize the savings
that can be generated by such collaboration.
The responsibilities and staff resources for this department have been modified
from the "Footprints" design to reflect the reality of current territorial government
finances, and the level of dependency of the Nunavut Government on federal
"Footprints 2" - pg. 54
Department of Personnel
Department of Justice
With division of the NWT there is an excellent opportunity for a unified court
system to be established in Nunavut to undertake superior court and territorial
court responsibilities in Nunavut. A unified court system could provide substantial
efficiencies while at the same time providing citizens with a more streamlined
system for the administration of justice. It would also equip Nunavut with a court
system which could become a valuable model for other jurisdictions in Canada (for
further discussion of the justice system in Nunavut, see Chapter 11, section 6 of this
report).
"Footprints 2" - pg. 55
The NIC is mindful that the new Nunavut Government will be a relatively
small government meeting the needs of a modest number of citizens located in 26
widely dispersed communities in the Nunavut area. These realities argue for
organizational simplicity to the extent possible.
In its various reports, the NIC has identified the importance of an up-to-date
telecommunication system. Recent advances in relevant technologies provide the
means for effective voice, video and computer networking within all government
offices. Through technology, a decentralized government can operate effectively and
efficiently while pursuing broader policy objectives such as decentralization of
public sector employment opportunities, and community economic development
(see Chapter 5 of this report).
The NIC has concluded that telecommunications services are critical to the
effective operation of the Nunavut Government and that it would be appropriate
for the Nunavut Government's telecommunications service functions and
technical support functions to be located in the same branch of government.
On the basis of the above factors, the NIC is now recommending a Department
of Public Works, Telecommunications and Technical Services. The Department has
been developed on the concept of consolidating the professional and technical
functions related to the design, project management, construction, and maintenance
of government facilities in one department. In the proposed model, the technical
functions in the current GNWT Department of Municipal and Community Affairs,
the Department of Transportation, the NWT Housing Corporation, and the
Department of Public Works and Government Services have been brought together
into the new department along with the telecommunications functions. As
communities gradually assume both greater program responsibility and
responsibility for operating, maintaining and building community infrastructure,
the Department of Public Work, Telecommunications and Technical Services can
"Footprints 2" - pg. 56
ensure continuity and consistency in the technical support and advice through its
mandate of serving both the territorial government program departments and
community governments.
The NIC believes the rationale for such a department has not diminished. If
anything, the design logic has been reinforced by the GNWT's new emphasis on
community empowerment. The GNWT's recent initiative to consolidate the
Department of Public Works and Services, the Department of Transportation, and
the NWT Housing Corporation is consistent with the NIC's approach.
For Iqaluit, the relocation of the Baffin regional office to Igloolik and the other
three communities in the Baffin region will be more than offset with employment
gains as a result of becoming capital. In addition, Iqaluit will continue to benefit
from the major employment associated with the following facility-based programs
that will continue to remain in Iqaluit:
For Iqaluit, Rankin Inlet and Cambridge Bay the reductions have largely been
related to privatizing GNWT functions, contracting those services from the
northern private sector. The loss in government jobs, therefore, is expected to be
offset to a certain degree by private sector job opportunities in these communities.
"Footprints 2" - pg. 58
Recommendation #3-1
The NIC recommends that the Nunavut Government be organized, structured and
staffed according to the organizational design model set out in this report, and
detailed in Appendices D and E.
( a ) Demographics
The 15 to 44 age group represents 79% (11,318) of the Nunavut population over
15 years of age (of which 82% - 9,253 - are Inuit). The 15 to 44 age group is 79%
(11,712) of the Inuit population that is 15 years and older. It is the, 15 to 44 year old
age group that will form the core labour pool for the Nunavut Government.
In 1994, Inuit held about 44% (953) of the 2,161 directly funded territorial
government jobs in Nunavut ("Footprints", Appendix A-6, pages 6-10). With a total
of 3,672 directly and indirectly territorially-funded positions currently projected for
Nunavut for 1999, a 50% Nunavut Government headquarters Inuit hire (312 FTEs),
combined with a 50% regional/community Inuit hire (1,524 FTEs) would result in
1,836 Inuit filled FTEs in 1999. If the 50% hire target were applied to 279 federal
government FTEs, Inuit would occupy another 140 FTEs in 1999, an 8% increase.
Combined territorial and federal Inuit participation would amount to 1,976 FTEs.
Applying these 1,976 FTEs against the number of Inuit 15 to 44 years of age in
the 1994 population (9,253) would mean that only 21% of this age group would be
"Footprints 2" - pg. 62
likely to find work in government. If the Inuit population of 15 to 44 age group were
to grow by 10% between 1994 and April 1,1999, another 925 Inuit would be in the job
market resulting in only 19% of Inuit in this age category finding public sector work.
Administrative Support
Paraprofessional
Professional
Senior Management
Executive Management
Total 600
In 1991, 50% of all employment in Nunavut was within the private sector (see
Appendix G). An increase of 1,371 persons over natural growth is projected for
Nunavut by March 31, 2000 - the time be which the Nunavut Government should
be fully staffed. Based on the 654 new FTEs recommended in this report, it is
estimated that approximately 260 new jobs will be created in the private sector.
any direct employment benefits. These 15 communities make up 29% (7,938) of the
total projected Nunavut population in 1999 - 27,219 (see Appendix B, page B.4).
( e ) Inuit Participation
A recent (1995) Atlantic Monthly article, entitled "If the Economy is Up, Why is
America Down?", questioned the value of the currently accepted economic
barometer, the Gross Domestic Product (GDP), as a true measure of economic
progress.
doesn't count. The Atlantic Monthly article argues for the need to rethink economic
and societal indices we have traditionally relied on to measure "progress" and I
asserts the need for fuller measures to test our progress in achieving a better "quality L .
of life." The article suggests a more useful measure of progress might be a Genuine
Progress Indicator (GPI). The GPI would be an index that values many factors that
the GDP ignores. For example, volunteer work, which contributes to the well-being
of the community, does not factor in the calculation of GDP, but would be given
value under the GPI. Conversely, efforts to prevent crime add to the GDP because
they employ law enforcement officers, criminal justice workers, etc., but ignore the
costs experienced by both the victims of crimes and different levels of government.
In all, the article identifies more than twenty GPI aspects of our economic lives that
are overlooked in the GDP.
"Nobody expected to be paid for working, people worked because that's what
you did. It was your purpose as a human being to work for the benefit of your
family and community. This made people happy and it made other people
proud to know such a person."
(page 25)
"In the future, the entire concept of work and service will be blended together
to make a n e w economy of Nunavut. That new economy will have work for
all, and benefit for all that work. Today there may not be many jobs, but there is
a lot of work to do in Coral Harbour to make the community a better place."
(page 25)
family and relatives, giving providers the satisfaction and prestige of contributing to
the larger family good and strengthening family ties.
On the other side of the work and time dichotomy is the lack of employment.
According to the 1994 NWT Labour Force Survey (see Appendix H), 14,404 Nunavut
residents were 15 years of age and older. The 15 to 64 age group made up 97% (13,956)
of the population 15 years of age and older. Seventy nine percent (11,318) of the
population were in the 15 to 44 age category. It is this age group which will largely
make up the Nunavut Government labour pool in the early post-division years (its
proportional significance will wane considerably as another 10,000 or so children
now under the age of 15 years enter the labour market five to fifteen years down the
road). It is estimated that the Nunavut population will increase from 21,244 people
in 1991 to 29,218 in the year 2000; a population growth of 37.5% in nine years.
Without minimizing the importance of meeting the 50% Inuit public sector
participation target and a concerted effort of decentralization, other means of
making the best of employment opportunities must be found. One way of doing so
is to structure the Nunavut public service to accommodate flexible working
arrangements, such as part-time work, job sharing, seasonal work, etc. These
arrangements hold out the advantage of enhanced compatibility with cultural and
individual preferences, as well as expanding the pool of available public sector jobs.
Alternatives to the traditional "9 to 5" work schedule are not unfamiliar to
residents of Nunavut. Rotational work arrangements in the mining and petroleum
industry have been the industrial norm for some time. Employees transported to
work sites remain there for periods of weeks before being transported back to their
home communities for time off. The Department of National Defence work
rotation schedule in Nunavut often involves months spent in a remote location
before employees are returned home for periods of extended leave. In some high
cost industrial environments, rotational work schedules are combined with lengthy
work shifts to compress work time at the job site into shorter on site periods.
Although grueling, this approach can provide workers with both good wages and
lots of time off for camping and hunting. Seasonal work is common during the
summer construction season. Even the school year in some communities is defined
to accommodate the fishing season.
"Footprints 2" - pg. 67
The 1994 NWT Labour Force Survey found that many Nunavut residents
would prefer or accept flexible working arrangements. Regarding "Length of Job
Wanted" (Table 39), 52% of those surveyed who "wanted a job," said they wanted
employment "year round," 19% said they wanted "seasonal employment," and 20%
said they would take "either." Although these figures likely reflected a lack of
employment opportunities in Nunavut and the central desire for any kind of work
at all, combining the "seasonal" and "either" categories would indicate that 49"/0 of
those interviewed would have preferred or accepted seasonal employment.
Regarding the "Type of Job Wanted" (Table 40), 61% of those surveyed wanted
"full-time" employment, 16% wanted "part-time" employment and 15% said they
would take "either." While these results, too, may have reflected the desperate
employment situation, combining the "part-time" and "either" categories would
indicate that 31% of those interviewed would have preferred or accepted "part-time"
work. Fifty-eight percent of those who "wanted a job" said they would accept
"rotational work" (Table 38).
There are different ways of structuring working time. The Human Resources
Branch of Human Resources Development Canada (HRDC), in an October, 1995,
publication entitled A Flexible Workplace: A Guide to Flexible Work Arrangements
and Leave Options ("HRDC guide"), outlined several alternate working
arrangements that are now Treasury Board policy.
The HRDC guide examines different ways of sharing work and restructuring
working time to reflect the human and fiscal resource realities of public sector
employment in the 1990s. The guide reviews the upsides and downsides, and do's
and don'ts, of various alternate work arrangements. It also discusses employer
obligations. As an employer, government has certain obligations to its employees,
legal and moral; and these must be borne in mind when establishing
non-traditional working arrangements. Government must also be concerned with
the costs and savings associated with new arrangements for service and program
delivery. Juggling a variety of flexible working arrangements involves more
complex forms of management, requiring considerable employer/employee and
employee/employee co-operation.
"Footprints 2" - pg. 68
Flexible work arrangements can take several forms: compressing working time
into shorter more intensive periods of work; working less than full-time; or,
working hours outside the normal "9 to 5" tradition. A review of Nunavut
Government jobs suitable for flexible work arrangements would reveal which jobs
would most readily fall into a category of positions that could be shared or occupied
on a part-time basis. Although the institution of other working arrangements -
such as compressed working time - might not result in the creation of a bigger job
base, such arrangements might, nonetheless, prove suitable for persons wishing
more personal time. Other initiatives, such as designation of some jobs as "home-
based," might not only result in the' employment of more people, but reduced
overhead costs to government.
Private sector actors might usefully look more closely at the benefits of
instituting flexible work arrangements. Private sector actors might find that
instituting alternate work arrangements results in a happier work force with lower
rates of absenteeism, burnout and turnover, and correspondingly higher
productivity, while also contributing to broader societal objectives. For example,
Inuit organizations might be able to stretch the employment opportunities to be
found within the implementation and administration of the land claim.
B "Footprints 2" - pg. 69
( a ) Part-Time Employment
For employees, job sharing has benefits similar to those described for part-time
work. It allows someone to work part-time in a situation where full-time staffing of
a position is needed. Job sharing requires employees willing to share work space,
files, and other tools of the trade, and to share responsibilities and evaluations.
Willingness to be flexible and to work co-operatively are the keys to success. Clear
understandings with partners and supervisors must be articulated at the outset to
avoid foul ups and acrimony later down the road.
of each month (one five-day work week bracketed by two weekends). At certain
times of the year, time off work could be co-ordinated to coincide with the seasonal
availability of wildlife; in this way, extended periods of time could be devoted to
laying in substantial quantities of country food. Compressed work months would be
similar to rotational work arrangements employed by the mining and petroleum
sectors and, accordingly, might be especially attractive to persons having that work
background.
( d ) Seasonal Work
Flexible hours of work entail variable times for starting and finishing work and
for break periods. For ease of administration and management, hours selected
should usually remain constant.
Flexible hours of work can enable employees to adjust hours to suit their
particular needs or preferences. This can result in increased productivity. For
example, "morning people" can benefit from an earlier start. Flexible hours can also
allow employees with outside commitments - such as parents who are required to
be at their place of work before their children are off to school - to juggle their work
to meet household needs.
"Footprints 2" - pg. 72
Shift work is a useful means of maximizing the use of office space and
equipment. Government buildings occupied for only one-third of each 24 hour
period still require heating and maintenance for the other two-thirds of each day.
More frequent use of office space would be a more efficient use of resources and less
I
overall government office space would be required. Some routine administrative
jobs, such as accounting and filing, might lend themselves to shift work fl-
arrangements. Although shift work is not always seen in a favourable light, the
option might appeal to some individuals, particularly during seasons when
extended hours of daylight or darkness make little difference to when a person is up -
and about.
-
(g) Telework
( h ) Leave Options
The HRDC guide identifies a number of leave options that require some
administrative and managerial adjustments, but are now included in many
collective bargaining agreements. Paid maternity, paternity and adoption leave are
common in such agreements. Such leave arrangements can involve as much as 26
weeks of time off and may require the hiring of temporary help. The absence of an
employee creates a temporary job opening for people who otherwise might remain
unemployed.
Leave with income averaging is another option that may stretch the
employment base. Leave with income averaging involves reducing the number of
hours worked by an employee in a year by setting aside blocks of leave at a stretch.
The employee's reduced income is then averaged over 12 months. This option
might be ideal for someone who does not need a full salary, but wants the security of
a permanent job. Blocked off time can be filled on an intermittent work basis by
someone else.
The road to Nunavut is along the information highway. Since the publication
of "Footprints", the NIC has received a great deal of positive feedback on those parts
of its report that encouraged the mobilization of new telecommunications
technologies and aptitudes in the design of the Nunavut Government, particularly
the use of new tools to assist in the fulfillment of wider policy objectives such as the
decentralization of government activities and the promotion of flexible work
arrangements. This feedback - from both organizations and individuals - has
prompted the NIC to sponsor the convening of a special conference in Nunavut, in
Iqaluit in February of 1997, with the organizing title of The Future of Work in
Nunavut Conference. The objectives of the conference, as set out in a funding
proposal that has been developed by the NIC, are as follows:
to create a forum for open dialogue among the people of Nunavut and their
leaders about their visions for the future of work and to lay the groundwork
for further discussions concerning their visions of how opportunities
presented by new forms of work could be used to help create a healthy and
prosperous society in Nunavut;
The NIC believes that The Future of Work in Nunavut Conference could
make measurable progress towards assuring the people of Nunavut that the forces
of the information revolution can be actively harnessed to work for the self-reliance
and self-confidence of Nunavut, rather than passively observed from a position of
dependence and self-doubt.
"Footprints 2" - pg. 75
Recommendation #4-1
Recommendation #4-2
Recommendation #4-3
Following from Recommendation #4-2, the NIC recommends that the Office of the
Interim Commissioner actively pursue the design and implementation of flexible
work arrangements in the initial staffing up and operations of the Nunavut
Government's work force. Efforts should be made to classify as many positions as
possible as open to flexible work arrangements. Particular attention should be
given to how job sharing and other flexible work arrangements might be made
available to members of a single household, without compromising established
organizational conventions applicable to government offices (i.e. familial loyalties
must not colour, or be seen to colour, decision making and accountability).
Recommendation #4-4
The NIC recommends that the Government of Canada, Inuit organizations, unions,
private businesses, and other organizations actively pursue flexible work
arrangements with respect to their work forces in Nunavut.
"Footprints 2" - pg. 76
Recommendation #4-5
Recommendation #4-6
The NIC recommends that the three parties to the Nunavut Political Accord
support the convening of a conference, entitled The Future of Work in Nunavut
Conference, as described in Chapter 4, section 7.
5.1 Background
The NIC recognized that a modern day telecommunications system could bring
enormous benefits to the resident population. In a region where the problems of
distance and remoteness are impediments to economic growth and job creation,
reliance on old resource-based economic strategies are no longer appropriate. Today,
a knowledge-based global society is transforming the ways in which economies are
developed and jobs are created. Information available on the Internet is available to
anyone with access to a computer and modem. In Nunavut, poor
telecommunications infrastructure and services, a lack of technological skills, a lack
of income, and difficulties associated with unilingualism, prevent residents from
participating in the knowledge-based economy. A new telecommunications system
can help address some of these problems.
"... once appointed, the Interim Commissioner should devote attention to the
communication needs of Nunavut, particularly issues associated with the
financing of infrastructure, installation, operation and training."
In its first supplementary report on CTSCs, the NIC recommended that the
working group already proposed in "Footprints" be mandated to undertake the
following work:
"The NIC recommends that the working group begin an inventory of existing
facilities, equipment, antennas, satellite space segment needs and availability,
etc. Care should be taken to identify any duplication of infrastructure, and
recommendations should ensure compatibility of equipment and the
standardization of protosols. Earth station power supply requirements should
also be addressed."
"The NIC recommends the working group develop plans for a single Nunavut
wide network supported by standardized protocols."
"The NIC recommends that the working group provide advice on training
needs and the design of an appropriate training program. The NIC further
recommends that the GNWT provide and implement the training program in
time to have a body of trained community-based technicians in place for all
communities with decentralized headquarters functions by April 1,1999."
(pages 43-44)
"The NIC recommends that a pilot project involving the three regional centres
of Cambridge Bay, Iqaluit and Rankin Inlet be undertaken to demonstrate and
test an appropriate telecommunications infrastructure and level of services
with a view to linking the other eight communities with decentralized
Nunavut Government headquarters functions to the Nunavut capital and
regional centres by April 1,1999, with the remaining communities to follow
"Footprints 2" - pg. 80
"The NIC recommends that the GNWT and federal government, with
Nunavut community participation, develop a regional economic development
strategy to support the establishment of CTSCs for use by individuals,
businesses and organizations, based on the issues and needs identified in the
"Connecting the North Symposium" report."
"The NIC recommends that the federal government and the GNWT
collaborate on the design, use and costs of incorporating one stop shopping
government service kiosks into CTSCs."
"The NIC recommends that the GNWT and federal government informatics
strategies be designed to be compatible with private sector telecommunications
capabilities, and if possible, with each other."
(pages 44-45)
"Given the small population base and the vastness of the Nunavut Territory, a
meeting of private and public sector needs through a blended and shared use of
telecommunications infrastructure, facilities and services is the only
telecommunications strategy that makes sense. A network of CTSCs should be
considered as a means of meeting the telecommunications needs of
individuals, businesses, and organizations in the private and public sectors."
(page 45)
clear that the ability to derive benefits will be dependent upon the level of
services and facilities provided at CTSCs.
The paper dealing with CTSC design considerations examined detailed design
options, services and costs, and training and technical support needs. The paper
suggested that certain public and private sector service functions be rolled into each
CTSC facility: IT equipment and training programs for both public and private
sectors; videoconference facilities for use by both sectors; and, computer work
stations and equipment for use by private individuals, organizations and businesses.
The paper identified training and salary costs for technical support and concluded
they would be lower if the duties of technicians, technologists, and engineers
involved servicing CTSCs and other Nunavut Government IT needs, as well as
those of the private sector. The paper examined the costs of constructing and
operating CTSC facilities, and concluded they could be reduced if space were
included in new Nunavut Government buildings in the 11 communities that are
likely to be needed for decentralized headquarters functions. As another means of
reducing costs, the paper also recommended renovating existing buildings, rather
than constructing new ones, in those 15 Nunavut communities that are not likely
to receive decentralized government headquarters functions.
operation, equipment purchased and levels of services provided, and the extent of
public/private sector sharing of facilities, services, equipment, space segment time,
and technical support.
5 . 2 What's Ne
All the studies mentioned above have identified costs. Making use of cost
information is made more difficult because each study was designed with a different
target audience in mind.
The Nordicity Group Ltd. business case study for the GNWT costed the
establishment of a 384 kbps bandwidth infrastructure for 58 communities, and
included the costs of computer and videoconference equipment for public use in
each community. In its business case study for TVNC, the Nordicity Group Ltd.
costed the delivery of three different levels of service (bandwidths) to 96
communities stretching from Labrador to Yukon, including a range of services
delivered directly to peoples' homes, as well as to public locations. Costs identified
in the NIC's first supplementary report on CTSCs focused solely on the costs of
setting up 26 CTSCs in Nunavut. The NICfs second supplementary report on CTSCs
relied partially on cost estimates contained in the NIC's first report, and partially on
information derived from other sources.
"Footprints 2" - pg. 83
The cost estimates provided in both Nordicity Group Ltd. studies were not
presented in a format and level of detail that lend themselves easily to comparative
cost analysis. Estimates regarding the costs of a Nunavut Systems Corporation in
"Footprints" were identified as a lump sum, with no further breakdown of costs.
Thus, any comparative cost analysis of the studies would be difficult.
Overall costs would depend on the extent CTSC facilities and services would be
made available to the general public. Kinds of facilities and levels of services should
turn on what the general public needs and wants. Although the needs of the general
public may vary from individual to individual and organization to organization, a
high speed digital communications 384 kbps bandwidth infrastructure, aimed
primarily at supporting the needs of the Nunavut Government, would be likely to
meet all the telecommunications needs of the private sector for the foreseeable
future.
Both the Nunavut Government and the federal government could benefit
from a wide bandwidth capacity and complementary IT equipment that would allow
for the two way interactive transmission of data, graphic, video and audio
information. Benefits would be enjoyed in such areas as the work of the Legislative
Assembly, education, health, justice, and the day-to-day internal operations of
government.
travel costs of which $ 17 million was for airfare. More recently, medical travel
associated costs have increased to $ 24 million; $ 9 million is spent on emergency
evacuation and $ 15 million on associated routine medical care travel. Of the $ 10.8
million in expenditures on the Legislative Assembly for 1992-93, $ 7.293 million was
spent on operations and maintenance and the balance on salaries. A considerable
portion of the operations and maintenance expenditures devoted to travel between
constituencies and headquarters could be avoided through the use of
videoconferences combined with the capability to transfer information in text, audio
and graphic form. Members of the Legislative Assembly (MLAs) could be present for
meetings in their constituencies without having to leave the capital, and could
participate in caucus meetings in the capital without having to leave their home
communities. Similar benefits could exist in the administration of justice, where
witnesses could be interviewed at a distance and perhaps even testify at a distance in
court proceedings. The cost of moving 20 or so witnesses involved in a 1995 sexual
abuse trial from all over the NWT to Iqaluit involved an enormous expenditure of
money; yet, the defendant confessed after only a few of the witnesses had testified.
On May 6,1996, the GNWT tendered a RFP for a 384 kbps bandwidth digital
communications network.
The purpose of the network contemplated in the RFP would be to carry two-
way high speed video and data signals to 58 communities. The RFP envisioned
(page 3) a network that would provide: access to the Internet, including the World
Wide Web; access to a wide range of government computing applications, including
government data bases, directories and electronic information services; delivery of
remote medical diagnosis; delivery of distance education via videoconference;
support to field staff; and, support for interactive electronic mail applications and
fax. Bandwidth would be shared among communities and each community would
have a MAN that links together three key institutions: schools; health care centres;
and, government offices. The local MAN would be based on one or more
distribution technologies, including microwave, fibre optic or coaxial cable. The
network is to be capable of being channelized to separate government applications
from other applications. The network must be capable of interconnecting all
communities. The RFP did not request the costs of computers and videoconference
equipment.
The network would be owned and operated by a service provider with the
GNWT as an "anchor tenant." The network would be open, modular and
expandable to allow other tenants to interconnect over time. The network would be
required to support multi-point and point-to-point high bandwidth isochronous
sessions and the bandwidth must be reassignable on demand. The network would
allow for the seamless interfacing among computers and other terminals. It would
be capable of interfacing with other broadband networks in Canada and the rest of
the world, and it must be capable of being upgraded to T1 (1.54 Mbps). It would also
be able to accommodate shared access between the Nunavut and the NWT
Governments after division. This last point is important; whatever system that
might be adopted for the GNWT would be the system that the Nunavut
Government would inherit after division.
"Footprints 2" - pg. 87
The infrastructure required for the system described in the RFP can be broken
into several discrete but interconnected components:
There are two types of carriers. A Type I carrier owns the basic facilities for the
provision of services. A Type I1 carrier leases the basic transmission capability from a
Type I carrier and sells a service to the end user.
A user has four earth station ownership options for a fixed satellite network
(Satellite Communications in Canada, Telesat Canada: 1993, page 151):
(a) lease a complete service from a satellite provider, including all the earth
stations, the satellite capacity required for the network, installation,
maintenance, licensing, and the like;
(b) purchase all earth stations, lease the space capacity and operate its own
network - this would require the user to find an organization to install,
licence and maintain the earth stations;
(c) combine options (a) and (b); purchase the earth stations and lease the
master earth station and services from a service provider; or,
The current trend among users is towards options (a) and (c). Most users prefer a
total solution and use a carrier for all or any of the following:
network management;
"Footprints 2" - pg. 89
maintenance; and,
licensing.
In its RFP for a digital communications network, the GNWT appears to have
chosen to secure services identified under option (a). It sees itself as a catalyst and an
anchor tenant with the expectation that other parties will climb on board and share
bandwidth and the costs of space segment time. It expects that the digital
communications will initially provide access to the Information Highway to a
minimum number of key institutions including medical centres, schools and
government offices for all communities in the NWT. The network described in the
RFP would be capable of expansion and upgrading and must support multi-point
and point-to-point two-way high bandwidth transmission between communities.
The RFP costing requirements are for MAN costs only and would not include the
costs of computer equipment and videoconference equipment. Assuming the RFP
were acted upon before division, the Nunavut Government would inherit its
portion of this system.
(e) Bandwidth
second (64 kbps). A wideband network can carry less information than a broadband
network, but more than a narrowband network. Services over a wideband network
include videoconferencing, file transfer, video telephony; such services require a
network capable of transporting between 64 and 1.5 million bits of information per
second (64 kbps - 1.54 Mbps). Bandwidths can be upgraded to higher (wider)
bandwidths or to digital carrying capacity by replacing hardware and software
components in the network.
(g) Media
The physical medium used to transmit information between earth stations and
computer terminals affects the amount, type, and range of electronic information
that can be communicated and the speed of its transmission. The ability to
simultaneously transmit multiple pieces of information bi-directionally is also
affected by the type of medium employed.
(h) Network
The basic purpose of a network is to provide access paths between users and
among users at different geographic locations. Networks require physical media to
carry such services as voice, TV signals, digital transmissions and fax.
. Interconnection of networks at a service level requires physical and functional
connection at the lower levels.
The Nordicity Group Ltd., in its business case study for the GNWT entitled
Development of a Business Case for a Digital Communications System (November
17, 1995), estimated the costs of installing and operating a 384 kbps two-way digital
communications system for 58 NWT communities. The costs included installation
of a digital network to support advanced information services for high speed data
(e.g. Internet, World Wide Web), videoconferences and interactive multimedia;
high resolution graphics and medical imaging, remote medical diagnosis, distance
education, and training, and collaborative learning. The total costs also included a
LAN shared by GNWT departments in each community, multi-media computer
terminal equipment in each community, and a videoconference terminal in each
community to be shared by GNWT departments and other users.
Total $2,625,000
These costs could be reduced considerably if existing earth stations were used.
There is tremendous duplication of earth station equipment in many communities
and, through an inventory of equipment (as recommended by the NIC in its
August, 1995, CTSC report), savings could be found. If the GNWT follows through
on its RFP for a digital communications system, this infrastructure would be
provided by the private sector and these capital costs would not be a responsibility of
government.
Setting up a LAN requires a server and router for each LAN, a network
operating system, cable, LAN network user cards and licences, and software for each
computer. It is estimated that a total of 48 LANs would be required to connect
anywhere from two to 53.5 workstations associated with headquarters, boards and
agencies, regional office and auxiliary regional office functions.
The costs of LAN software user licences decrease with the number purchased.
Ten LAN software user licences can be purchased for $2,500,25 for $ 3,700 and 50 for
about $5,000. Network cards can be purchased for about $50 a piece. The size and
cost of servers and routers required would vary with the number of workstations
involved with each LAN. A router is required for each LAN to direct
communications traffic and maximize the use of bandwidth. Routers would be
required to handle traffic from LANs linking together as few as two computers to as
many as 53.5, and would cost anywhere from $ 2,000 to $5,000 each. Assuming a
ballpark average cost of $3,000,48 routers would cost $ 144,000. A Pentium
microcomputer for $5,000 could serve as a LAN ethernet server, and backup tapes,
at about $ 300 each would be required for each server. Forty-eight Pentium
microcomputers, at a cost of $240,000, and 48 backup tapes at a cost of $14,400, would
be required.
48 Servers x $5,000
48 Backup Tapes x $300
48 Routers x $3,000
624 Network Cards x $ 5 0
31 LAN User Licences x $2,500
9 LAN User Licences x $3,700
8 LAN User Licences x $5,000
Total $580,400
MANs
Since the community earth station would be the choke point for all
information flowing into and out of each community, it seems sensible that earth
stations would become the connection point for each local MAN. Since each
government office would already be connected to the community earth station no
additional cabling costs would be expected. Nunavut Government decentralized
headquarters operations would require 11 MANS to connect a total of 48 LANs.
The NIC's June, 1996, CTSC report, estimated the costs of coaxial cable wiring at
$300 per connection point. These included the costs of cable and conduit. Assuming
624 new computer workstations are required for 624 Nunavut Government FTEs,
and that each workstation would require a minimum of one connection point, the
total wiring coaxial costs for the Nunavut Government buildings would amount to
$187,200.
The Nunavut Government will have considerably more than 624 employees.
The NIC currently estimates the total non-federal public sector work force at 3,672
FTEs. This figure includes all employees who are directly (Nunavut Government)
or indirectly (community governments, housing corporations, and so on) paid by
the Nunavut Government. Some of these employees would have jobs that are
unlikely to require computers and access to other information technologies (e.g.
truck drivers, heavy equipment operators, janitors, maintenance staff). If such
employees represent approximately 25% of the total Nunavut public sector work
force, a total of 2,286 additional coaxial cable connection points would be required for
a cost of $702,300.
Total $873,000
~ "Footprints 2" - pg. 96
The Nordicity Group Ltd. business case study for the GNWT included cost
calculations for providing dedicated videoconference terminals in each community.
The Nordicity Group Ltd. estimated an average cost of $ 25,000 per videoconference
site. The study envisaged videoconferences facilities serving the general public. If
shared by both the public and private sector, greater benefits could be derived.
1 Total $650,000
The business case studies by the Nordicity Group Ltd. for both TVNC and the
GNWT allocated one-eighth service support FTE per dedicated video conference
site. Applied to Nunavut, this approach would mean that 1.375 FTEs would be
required to support dedicated videoconference facilities in the 11 communities
receiving decentralized government headquarters, or 3.25 FTEs to support all 26
communities. The costs for such support for all 26 Nunavut communities would
range (depending upon the business case study applied) from $ 154,779 (GNWT) to
$168,336 (TVNC), and from $68,990 (GNWT) to $71,206 (TVNC) for 11
communities.
monitors. Personal access codes and encryption devices would be needed to protect
information of a sensitive nature. The use of removable or external hard drives
overcome security problems, and at the same time, reduce computer memory
storage requirements.
Computer workstations must be equipped with a desk and chair and a range of
peripheral IT equipment. Single sheet scanners would allow the incorporation of
information into computer memory. Computer mounted videocameras would
allow one-on-one videoconferences to occur and electronic writing tablets would
allow for joint writing of documents during videoconferences. Telephones are
obviously required.
In its June, 1996, CTSC report, the NIC estimated a high end computer
workstation to cost in the vicinity of $ 10,000. Not all employees would require such
high end equipment. (The GNWT spends about $3,000 on basic computer
equipment for each employee.) A less expensive, but fully functional computer
work station with all the necessary computer and IT equipment and furniture could
be had for about $5,000.
Administrative Support
Paraprofessional
Professional
Senior Management
Executive Management
Total
Of the 600 FTEs, 229 FTEs are either administrative support or paraprofessional.
Persons filling these positions could be equipped with computer workstations in the
$ 5,000 range while the other 371 FTEs might require computer workstations in the
$ 10,000 range. Putting aside that some computer workstations and IT equipment are
likely to be inherited from Yellowknife, new computer workstation costs for 624
FTEs would be $ 4.275 million. If new computer workstations were required for 5ooA
of new FTEs, the cost would drop to $ 2.137 million.
... , .. "Footprints 2" - pg. 98 . .
Note: The inclusion of 24 additional FTEs is required to make up the difference between the
number of FTEs in the first "Footprints" report and the adjusted model set out in this
report.
5 . 6 Network Considerations
Just as a MAN could link all LANs in a community, a Wide Area Network
could link all MANs and LANs across Nunavut. Creating a WAN to link all
government offices would be necessary for the efficient internal operation of
government. As with a LAN, a WAN requires cable, routers, servers, and
appropriate software to connect with LANs and MANs across Nunavut. Since cable
would already be in place, the costs of a WAN would be in the routers, servers and
network software.
I , ,
"Footprints 2" - pg. 100
I
twork or lntranet
Networks must be easy to join and to leave. A network that is difficult to join
or leave will discourage use. Networks have to be secure, or potential users will be
hesitant to expose their internal networks to other computer networks.
(c) Groupware
Groupware overcomes some of the drawbacks of the ED1 system. It provides for
a collaborative work environment by making available a common body of
information. It allows remote workers to collaborate by keeping track of work flow
and provides a platform for communication and interactive discussion. Users can
access and share a common body of information and can collaborate on the
development of common documents and projects. A major advantage of groupware
is that users can join and leave the system at will without links having to be
pre-established. Groupware requires a significant amount of administration and it is
expensive. It is not capable of accessing remote computers that are not groupware
servers. Although groupware is relatively easy to learn to use, it lacks an important
aspect of telepresence, that of mutual use of applications among partners.
A WAN uses dedicated high speed links to connect LANs. Unlike groupware, a
WAN is permanent and it can link up several remote networks. It can provide most
of the attributes of telepresence by providing users with universal access to all data
and applications resident on LANs. WAN users require a fair degree of IT
sophistication, and administration of a dispersed network is complicated. As a
consequence, membership on a WAN is exclusive, with most companies limiting
access to their WANs to users within the companies themselves. Adding new
members quickly is difficult, a major disadvantage in a time constrained work
environment.
The Nordicity Group Ltd. has estimated the costs of establishing a WAN in its
business cases studies for both TVNC and the GNWT. Whether the scenarios
involved 96 (TVNC) or 58 (GNWT) communities, the capital costs were estimated
to be the same, $ 1.07 million.
"Footprints 2" - pg. 103
Basic home pages can be produced inexpensively, some for as little as a few
dollars and a few hours of a staff member's time. Elaborately constructed home and
web pages, with content prepared by a professional firm containing hypertext,
graphics, audio and three dimensional features, might cost up to $20,000. A
Nunavut Government requiring 10 departmental home pages and one umbrella
web page might be required to spend up to $220,000 for all 11.
previously wired into earth stations and linked by LANs. Internet software packages
are available for about $ 100. A UNIX 2000 platform for $60,000, with the capability
to accept an additional Central Processing Unit (CPU), could function as the Intranet
server. The cost of a router to act as a "firewall" to control access to government
information would depend upon the volume of traffic. Given the size of the
Nunavut Government and the amount of outside traffic it might receive, a router
in the $15,000 range might suffice. Very high volumes of traffic would require a
router that might cost in the vicinity of $ 60,000.
Annual recurring costs would include the cost of satellite operations and
maintenance, local administration and maintenance, and space segment or satellite
transmission time. Both business case studies conducted by the Nordicity Group Ltd.
estimated annual recurring costs.
would amount to 4.125 FTEs for 11 communities and 9.75 FTEs of service and
technical support for 26 communities.
The business case study undertaken for TVNC estimated satellite operations
and maintenance costs for a 384 kbps bandwidth serving 96 communities would be
approximately $ 800,000 annually. Annual local administration and maintenance
costs were estimated at $ 1.8 million. Local administration and maintenance costs
included the costs assigned for one-quarter FTE to support the "additional"
(undefined) services provided to each community, and one-eighth FTE to support
the dedicated videoconference services in each community.
Local administration and maintenance costs could be reduced without the use
of dedicated videoconference facilities. Three-eighths FTE were calculated to support
local services and dedicated videoconference services, with one-eighth FTE devoted
to videoconference support. Removal of the videoconference function would
reduce local administration and management costs by one-third. This would bring
down the overall community costs for 26 communities to $335,664, and $ 141,986 for
11 communities.
The business study conducted for the GNWT also estimated satellite operations
and maintenance cost for a 384 kbps bandwidth for 58 NWT communities. Satellite
operations and maintenance costs were estimated at $ 480,000 annually, and local
administration and maintenance costs at $ 1.09 million. A proportional (44.8%)
share for Nunavut's 26 communities would result in estimated annual costs of
$ 215,040 for satellite operations and maintenance, and $ 488,320 for local
administration and maintenance.
The same support personnel formula used in the TVNC business case study
was used for the GNWT business case study. If one-third of local administration and
maintenance costs for dedicated videoconference services were removed, the
annual cost for the 11 decentralized headquarters communities would be $ 137,569
and, for 26 communities, $ 325,221.
"Footprints 2" - pg. 106
Nine Regional Technologist positions (three for each region) were identified as
being needed. Regional Technologist would require considerably greater technical
training and experience than Community Technicians. Their training would allow
them to undertake regional systems and network diagnostic tests, repair CTSC
components, expedite CTSC equipment for repair, restock new and repaired
electronic components, provide regularly scheduled preventative maintenance for
CTSCs, provide logistical support services, and offer scheduled on-line assistance for
problems beyond the capability of Community Technicians. Training for these
positions could be delivered through Nunavut Arctic College and a southern-based
institution using distance education; costs were estimated to be about $ 12,000 per
person.
Three Nunavut Systems Engineer positions (one for each region) were
identified to provide technical support at the highest level. Systems Engineers
would be responsible for planning and overseeing the operation of the entire
Nunavut network of CTSCs. Such responsibilities would require university degree
level training in electronic and communications theory application. Training costs
were estimated at $ 60,000 per person.
"Footprints 2" - pg. 108
The NIC has revisited its "Footprints" proposal for the creation of a Nunavut
Systems Corporation as part of the design of the Nunavut Government.
Telecommunications services will be integral to the smooth functioning of virtually
all components of the Nunavut Government and, as such, a fundamental part of
the infrastructure background. Given the strong connections between
telecommunications infrastructure and other infrastructure elements, the NIC has
concluded that telecommunications services and related technical support activities
should be part of a Department of Public Works, Telecommunications and
Technical Services. This Department would combine a range of technical
responsibilities necessary to be performed in a variety of program delivery and
internal operations contexts; grouping these responsibilities in a single government
organization would permit a number of efficiencies to be realized.
"Footprints 2" - pg. 109
(An aside on CTSCs: Taqramiut Nipingat Inc. (TNI) in Northern Quebec has,
since August of 1996, established three CTSCs and has plans for 11 more within the
next year. As of June, 1996, community co-ordinators have been trained as
community-based technicians with skills allowing them to install computer
hardware, software, set up LANs, and construct web pages. Grassroots working
groups have identified and prioritized community telecommunications needs.
Schools, community governments, police and health facilities have been linked,
and there are plans being developed to connect provincial government services and
to provide access to financial services. A counseling "chat room" has been
established and there are plans for an "artists corner" web page. Community
response has more than met TNIfs expectations. People line up to use the
computers. When the weather is down, sometimes as many as 20 to 40 people line
up to use the facilities. (Many of these people would have been out hunting if the
weather were good.) TNI has managed to secure corporate donations for fibre optic
cable and computer hardware and software. All-in costs for the three CTSCs are
approximately $ 800,000. The GNWT, the federal government and NTI would be
well advised to apprise themselves of the TNI CTSC operations.)
Since the capital of Nunavut will be in the Baffin region and much of the
decentralized headquarters functions outside the capital located elsewhere in the
Baffin region, a sensible distribution of the nine Nunavut Telecommunications
Technologist positions would involve the location of two Technologists in the
Keewatin region, two in the Kitikmeot region, and the remainder in the Baffin
region. Two to three Baffin-based Nunavut Telecommunications Technologist FTEs
could be assigned more or less permanently to service the 374 FTEs headquarters in
Iqaluit, with the remaining two to three FTEs devoted to servicing the other Baffin
region decentralized government headquarters communities.
The following staff salary estimates are derived in part from the NICfs June,
1996, CTSC report:
"Footprints 2" - pg. 111
The estimates are premised on the assumption that the capital costs of earth
stations and satellites would be borne by the private sector, and that space segment
time and bandwidth would be leased from a service provider and shared with the
"Footprints 2" - pg. 112
GNWT. It is also assumed that an Intranet rather than a WAN would be established
to provide greater interactive communications capabilities with government
suppliers, external users and the general public, and that community MANS would
not be required. It is assumed that an information broker would be required from
outside government to handle the Nunavut Government's network information
management needs. It is assumed that 624 new fully equipped computer
workstations, linked by 48 LANs, supported by 42 IT LAN packages, would be
required. It is estimated that an additional 2,286 Internet software packages would be
needed to connect non-headquarters public servants to the Intranet. It is assumed
that 11 dedicated videoconference sites would be required with the possibility of an
additional 15. Servicing and maintenance of the network are assumed to be
provided by three Nunavut Systems Engineers and nine Nunavut
Telecommunications Technologists hired from outside. A team of community-
based Community Technicians, all hired and trained in Nunavut, are assumed to
provide local government service and public support. Finally, it is assumed that
CTSCs would be required as sites for public and private sector computer training,
dedicated videoconference facilities, and related functions, and that these centres
would be serviced and staffed initially by one person in each community.
IT lnfrastructure
lntranet
48 LANs
42 LAN IT Packages
624 New Workstations
624 Wire Connections
11 Videoconferences
Total
Training
IT lnfrastructure
15 Videoconferences
Total
Training
15 Community Technicians
"Footprints 2" - pg. 114
General
1 Director $90,000
2 Support Staff 80,000
3 Nunavut Systems Engineers 240,000
9 Nunavut Telecommunications Technologists 630,000
11 Community Technicians 660,000
Total $1,700,000
General
Internet unknown
No. of Additional LANs unknown
No. of Additional LAN IT Packages unknown
No. of New Workstations unknown
No. of Additional Wire Connections unknown
15 Community Technician Salaries $900,000
Total $900,000
Much of this chapter has focused on the IT needs and costs of preparing for
Nunavut. Technological considerations are clearly important in putting an updated
telecommunications infrastructure in place. But focusing too closely on technology
requirements runs the risk of the "tail wagging the dog." The architecture of the
new Nunavut IT system must be driven by the business needs of the new I
"Footprints 2" - pg. 11 5
The "Blueprint" document outlines several guiding principles that can be used
to shape the delivery of government services:
citizens' needs should drive the design and delivery of government services;
The Nunavut Government will have to function effectively from the outset.
In order to do so, it will need GNWT data bases regarding such relevant Nunavut
matters as finances, personnel, demographics, contract administration. and other
records and information of both historical and on-going importance. From a
technological/operating systems perspective, the following matters will require
review and examination:
the IT needs of Nunavut and the remaining NWT, and how they can best be
met;
the costs and benefits of keeping with existing applications and operating
systems, and the costs and benefits of replacing them;
the planning required for dividing systems, hardware and software, and
associated costs; and,
the manner in which data is entered and recorded for each system and how
these activities might impact on the splitting of records;
the identification of data entry codes for Nunavut, and applicability to/with
the remaining NWT;
the full range of staff matters required to support: data entry; daily
requirements of systems management; systems programming and updating
requirements; systems inquires and reporting procedures; training of new
staff in the use of applications and systems; and, support staff required to
support IT capacities.
The importance and scope of the work associated with equipping the Nunavut
Government with a functional IT system and a complementary and useable data
base cannot be overstated. The NIC believes that the Office of the Interim
Commissioner should be designed with this reality in mind. Specifically, the NIC
believes that the Office of the Interim Commissioner should dedicate a staff position
to the IT requirements of the Nunavut Government. IT policy and planning should
be undertaken in concert with continuing work on the implementation of the
Nunavut Government and the design of its policies, procedures and program and
service delivery. The staff person should work in close co-operation with the
GNWT (and other interested parties) to ensure the information and data base of the
Nunavut Government is commensurate with its start-up and longer term needs.
Care should be taken to ensure the data and information needs of the remaining
government of the NWT are not compromised or negatively affected.
Based on the above discussions and analysis, the NIC makes the following
recommendations:
Recommendation #5-1
The NIC recommends that the GNWT act upon its Request For Proposal for a 384
kbps digital communications system and that the system be installed and fully
operational prior to April 1, 1999.
Recommendation #5-2
The NIC recommends that the requirement for a Wide Area Network requirement
under the GNWT Request For Proposals be changed to that of a requirement for an
Intranet, and that the lntranet be established using Internet open standards.
. . . "Footprints 2" - pg. 118
Recommendation #5-3
The NIC recommends that the lnterim Commissioner identify and engage an
information broker to plan and manage the information needs of the Nunavut
Government.
Recommendation #5-4
Recommendation #5-5
The NIC recommends that the parties to the Nunavut Political Accord and the
lnterim Commissioner collaborate on the identification and engagement of
non-governmental users to share in the use of bandwidth and the costs of space
segment time with the GNWT and the Nunavut Government.
Recommendation #5-6
The NIC recommends that the lnterim Commissioner hire three Nunavut Systems
Engineers and nine Nunavut Telecommunications Technologists to oversee the
installation and maintenance of the Nunavut Government lntranet before April 1,
1999, and that such hiring be linked to the timetable for construction of office space
for the Nunavut Government.
Recommendation #5-7
The NIC recommends that the lnterim Commissioner ensure that a minimum of 11
Community Technicians be trained and hired before April 1, 1999, and that
arrangements be made for the training and hiring of 15 more in the Nunavut public
sector within one year of Nunavut start-up.
"Footprints 2" - pg. 119
Recommendation #5-8
The NIC recommends that the federal government allocate Community TeleService
Centre (CTSC) space and information technology (IT) equipment in new Nunavut
Government office space in the 11 decentralized headquarters communities for use
by both the Nunavut public and private sectors, and that the GNWT renovate
existing buildings in the 15 non-decentralized headquarters communities for CTSC
use and supply them with IT equipment.
Recommendation #5-9
Recommendation #5-10
Recommendation #5-11
The NIC recommends that the Office of the Interim Commissioner dedicate a staff
position to the information and information technology requirements and options of
the Nunavut Government. The NIC further recommends that the incumbent of such
a staff position work closely with appropriate personnel of the GNWT and other
organizations to ensure a systematic approach to the following matters:
full respect for the letter and spirit of Article 23 of the Nunavut Agreement
in relation to representative levels of Inuit employment, with an all-out
effort to meet and exceed the minimum Inuit employment targets identified
by the NIC in Recommendations #6-8 and 6-9 of Footprints in New Snow
(50% Inuit representation in the public sector at start-up; representative
levels by 2021);
"Footprints 2" - pg. 122
.. ... .
Recommendation #6-1
The NIC recommends that the recruitment and employment of the Nunavut
Government be pursued with the following objectives in mind:
full respect for the letter and spirit of Article 23 of the Nunavut Agreement
in relation to representative levels of lnuit employment, with an all-out effort
to meet and exceed the minimum lnuit employment targets identified by the
the NIC in Recommendations #6-8 and 6-9 of "Footprints" (50°/0 lnuit
representation in the public sector at start-up; representative levels by
2021 );
Recommendation #6-2
The NIC recommends that the Government of Canada be guided by the objectives
set out in Recommendation #6-1 in pursuing its own employment plans relevant to
Nunavut.
I
"Footprints 2" - DQ. 124
Since the release of "Footprints", considerable progress has been made. Two
things, in particular, have been key.
the period 1996-2000. This figure, broken into various sub-categories (preparation of
Inuit for management positions, stay-in-school initiatives, specific academic
upgrading, etc.), amounts to $ 39.8 million.
The context and import of the strategy are summarized in its executive
summary:
"The new territory of Nunavut will become a reality in 1999. Part of the vision
for Nunavut includes a work force that is representative of the population of
Nunavut. In broad terms, this means that the work force must include Inuit at
percentages that equal their representation in the population. This is the goal
of the partners sponsoring this strategy. The immediate target is a minimum of
SO%, including 50% Inuit employment in management occupations in the
Government of Nunavut by the year 1999.
... The partner organizations have developed a strategy to augment the existing
programs with new initiatives geared specifically towards filling gaps not
addressed by the existing human resource planning and training programs.
These new initiatives are presented in this document and are scheduled and
costed over the next four years. Many of the new initiatives are designed to
have longer term results which will see Inuit stay in school, develop language
skills, adopt successful approaches to learning, define career goals and develop
positive relations. Other initiatives are specifically targeted to preparing
individuals to access jobs in Nunavut. The initiatives are comprehensive and
wide-ranging and will require the co-operation and collaboration of all of the
partner organizations.
This document also defines the relationship of the partner organizations and
the process of implementation, monitoring and evaluation on an annual cycle.
The Government of Canada has allocated funding which will expand upon
existing programming and provide the necessary human resource planning
and development initiatives which are required to prepare for the creation of
Nunavut.
"Footprints 2" - pg. 126
The vision of creating the Nunavut Territory, with a representative Inuit work
force is within reach. The goals are established, the funding is secured, the
people and the partner organizations are committed and the plan is in place.
The implementation has already begun and the next four years will see all of
the initiatives, presented in this document, developed and delivered. Inuit will
be prepared to assume the majority of the jobs associated with operating the
Government of Nunavut and they will also be ready to access many private
sector jobs."
(pages 1-3)
Recommendation #6-3
The NIC recommends that the three parties to the Nunavut Political Accord
endorse the strategy entitled Nunavut: Unified Human Resource
Development Strategy (Appendix I), as developed by the multi-party Working
Group on Human Resources and Training (WGHRT), subject to any periodic
changes that circumstances may require, and deploy their financial and other
resources accordingly.
Recommendation #6-4
The NIC recommends that the multi-party Working Group on Human Resources and
Training (WGHRT), under the auspices of the Co-ordinating Committee of Officials
on Nunavut (CCON), remain active for the purposes of pursuing the application of a
common human resource development strategy and in examining the need for any
periodic adjustments to it.
"Footprints 2" - pg. 127
In "Footprints", the NIC made the following observations with respect to the
importance of looking to existing employees of the GNWT to fill a large proportion
of the personnel needs of the Nunavut Government:
...
" there is every incentive to make use of the work experience that is already
assembled at the regional and community levels in staffing the Nunavut
Government. The opening up of new headquarters positions should allow a
significant number of existing regional and community public sector
employees to "move up the ladder," applying expertise garnered at the regional
and community levels to policy issues common to all of Nunavut. The
approach of drawing on the existing pool of public sector workers could be
taken too far; the creation of Nunavut should not be seen as the occasion for
current employees, however well performing, to secure effortless promotions.
With due regard to the merit principle, however, it will still be possible to give
the senior ranks of the Nunavut Government headquarters "a familiar face" to
the people of Nunavut.
... it will be highly desirable to retain within Nunavut those employees who
are experienced in their work and comfortable with their circumstances, but
may be tempted to leave. This is most obviously relevant with respect to those
individuals who have moved to Nunavut from other parts of Canada and
who might return there. But this point will also have increasing relevance
with respect to those young, educated residents of Nunavut who,
notwithstanding strong family and cultural roots in Nunavut, have job skills
and personal attributes that provide considerable mobility.
In an attempt to deal with some of these questions, the NIC made three specific
recommendations (Recommendations #6-1, 6-2 and 6-3). In them, the NIC
recommended that:
" ... a minimum of 50% of the initially recruited senior managers within the
Nunavut Government have previous work experience in Nunavut"; and,
...
the Government of Canada, the GNWT and NTI indicate, as soon as
-
"
possible, support for the general proposition that every individual employed in
a public sector position dealing with the Nunavut area prior to the coming into
existence of the Nunavut Government, who has a satisfactory performance
evaluation, be offered an opportunity to retain that position or to secure a
,comparable one in the Nunavut public sector."
(page 44)
"NTI does not, however, support the 'wholesale transfer of existing employees
to the Nunavut Government, without some ability of the Nunavut
Government to review their skills and abilities in relation to the requirements
of the new administration. One way of accommodating this is for the Interim
Commissioner to accept the transfer of employees subject to the right of the
Nunavut Government t o hold job competitions for each of these positions
within a period of time, e.g. by 2002. red. note - emphasis added]
"Footprints 2" - pg. 129
In its Working Toward 1999 report, the GNWT emphasized some different
concerns. The GNWT pointed to strong practical and moral reasons to pay careful
attention to the reasonable expectations and needs of existing GNWT employees;
the GNWT also noted the past practice of guaranteeing continuity of employment,
and terms and conditions of employment, in the devolution of responsibility over
certain jurisdictions and programs from the federal government to the territorial
government level:
" ... Uncertainty as to future job security could lead to the loss of capable staff.
This would be deleterious to both future territorial governments and might
lead to expensive recruitment costs being incurred for replacements. It is
important to note that the 1992 boundary plebiscite assured voters that division
would occur in such a way as to "respect the employment status and job
preferences of GNWT employees." This understanding underlay the
ratification of the division boundary, a critical step in the process toward the
creation of two territories.
The personnel transfers that will take place in 1999 from the GNWT to the
Nunavut government may logically be governed by the same principles as
those applying to federal-territorial devolution agreements. In particular, the
federal government's Guidelines for Federal Program Transfers to the
Territorial Government state in part:
Consistent with the orientation .of the preceding excerpt from its report, the
GNWT stated the following positions:
In addition to the different policy outlooks and priorities expressed by NTI and
the GNWT in the period following "Footprints", a number of other developments
must be kept in mind.
The rapid government design and personnel changes now occurring within
the GNWT can be seen in a number of ways. One way would be to conclude that the
disappearance of a high degree of job security within the pre-division GNWT means
that expectations as to job security in the post-division period become largely moot;
accordingly, the question of whether three years of post-division job security is
adequately fair, as posited by NTI, becomes second-order at best and irrelevant at
worst. Another way of looking at the changes draws quite a different set of
"Footprints 2" - pg. 131
Finally, it should be noted that there is a shared obligation among all those
organizations who have a role to play in the creation of Nunavut to ensure that, as
far as humanly possible, current employees within the territorial government
public sector are treated with every consideration and courtesy. The day when a
government job meant a job for life are probably gone for good in Canada for all
sdrts of reasons - demographics, technological innovation, public attitudes - but
this reality only serves to amplify the importance of dealing with government
workers in a way that affords a maximum amount of open, honest and timely
communication.
Recommendation #6-5
The NIC restates the substance of the recommendations in "Footprints" (#6-1, 6-2
and 6-3) that:
Recommendation #6-6
Recommendation #6-7
Recommendation #6-8
The NIC recommends that employment obligations entered into on behalf of the
Nunavut Government prior to April 1, 1999, not provide for a mandatory process of
re-evaluation and re-staffing of all positions at a fixed point in the future.
Recommendation #6-9
Recommendation #6-10
The NIC recommends that the Minister of DIAND, in consultation with the GNWT
and NTI, supply the lnterim Commissioner with written directions directing the
lnterim Commissioner to make every reasonable effort to enter into, on terms and
conditions that the Interim Commissioner deems appropriate, a comprehensive
personnel agreement with the GNWT that would:
1. result in all GNWT staff at the regional and community levels in Nunavut
being offered appointment to comparable positions within the Nunavut
Government;
Recommendation #6-11
The NIC recommends that the Government of Canada provide early assurance to
the GNWT and NTI that:
1. financial support for the operating costs of the Nunavut Government will
be sufficient to permit the Nunavut Government to honour any
commitments made in its name with respect to the existing GNWT
employees; and,
The NIC recommends that the GNWT make every effort to complete its current
reorganization work, as prompted by its deficit cutting objectives and in preparation
for division, as soon as possible and, in any event, by March 1, 1997. The NIC
further recommends that once current reorganizational work has been completed -
at least in design terms, if not all aspects of implementation -that every effort be
made to avoid significant changes to the resulting organizational structure of
Nunavut-based and "Nunavut-oriented" GNWT staff until April 1, 1999. The NIC
further recommends that the resulting organizational structure be relied upon in all
subsequent planning and preparatory work for Nunavut, including infrastructure
and human resources activities and in the calculation of appropriate levels of
funding support to cover the operating costs of the Nunavut Government.
Recommendation #6-13
The NIC recommends that the parties to the Nunavut Political Accord and the
Interim Commissioner of Nunavut make every effort to communicate, in a timely and
complete way, an agreed upon approach to staffing issues associated with the
creation of the Nunavut Government, particularly the employment future in Nunavut
of existing GNWT staff. Such an effort should feature direct, candid, and on-going
discussions with relevant employees' associations. It should also feature the supply
of relevant information both to individual staff members and, through use of the
media, the public at large.
As noted in the previous section, the GNWT has stated its position that
existing GNWT employees who become employees of the Nunavut Government
should retain the substance of existing employee benefits, leave credits, and the like,
that have been built up during their employ with the GNWT. The NIC shares this
perspective. The fact of division should not, in and of itself, be seen as a "roll back"
in the terms and conditions of employment of individuals who perform one set of
tasks on behalf of the public on March 31,1999, and the same set of tasks the day
after. The GNWT's and the NIC's views in this regard are consistent with paragraph
72(l)(b) of the Nunavut Act, which permits the Interim Commissioner of Nunavut
to recruit employees to the Nunavut Government and to prescribe conditions of
"Footprints 2" - pg. 135
Section 29 of the Nunavut Act "grandfathers" NWT laws into Nunavut until
such time as they are modified by the Nunavut Legislature; hence, the Union of
Northern Workers Act and the Northwest Territories Teachers Association Act will
be part of the law of Nunavut on April 1, 1999 (as will any Act enacted by the NWT
Legislature prior to April 1, 1999, creating additional employees' associations - given
recent efforts on the part of some government workers to create Nunavut-defined
employees' associations in advance of division, this possibility remains open).
Questions can immediately be posed, of course, as to what projection of these
statutes into Nunavut entails: the joint jurisdictional vesting of powers in
unchanged associations, or the creation of similarly empowered associations in each
post-division territory. Putting aside such questions (Chapter 11 deals with such
matters), the "grandfathering" of the two association statutes will not bind the
Nunavut Government to the terms and conditions of any collective agreements
entered into by the GNWT with these two associations prior to April 1, 1999,
regardless of whether or not these agreements dealt with workers resident in
Nunavut communities.
A final question relates to the large mass of personnel polices and procedures,
largely outside the scope of collective agreements, that are vital to running an
organization with thousands of employees. These cover a wide range of things,
from sexual harassment, to smoking in the work place, to travel claim allowances,
to the maintenance of information and payroll systems. The GNWT has
accumulated a wealth of relevant administrative experience and insights in relation
to such matters, including detailed materials such as the following:
employee handbooks;
a superannuation handbook;
Recommendation #6-14
The NIC recommends that, on behalf of the Nunavut Government, the Interim
Commissioner seek to enter into collective agreements with those employees1
associations who represent public sector workers in the Nunavut area to govern the
terms and conditions of employment in the Nunavut Government (Chapter 11
identifies potential problems in continuity resulting from the impact of division on
statutorily created corporate bodies having membership across the NWT). This
recommendation is not based on any opinion on the desirability or undesirability of
such workers seeking or securing changes in how they are currently represented
for collective bargaining purposes.
"Footprints 2" - pg. 138
Recommendation #6-15
The NIC recommends that any collective bargaining agreement signed by the
lnterim Commissioner of Nunavut on behalf of the Nunavut Government expire no
later than April 1, 2001.
Recommendation #6-16
The NIC recommends that the Interim Commissioner apply - subject to any
adjustments appropriate to the post-1999 Nunavut context - already developed
GNWT polices and procedures with respect to personnel administration in the
gearing up and initial operations of the Nunavut Government, including such things
as:
employee handbooks;
a superannuation handbook;
ecisions
There are three aspects of the process for making staffing decisions in relation
to the Nunavut Government - particularly the recruitment of personnel to fill new
headquarters positions - that require special attention.
A first aspect to be considered is: who will make the hiring decisions? While
the Nunavut Act makes it clear that the Interim Commissioner has responsibility
for the recruitment of employees to the Nunavut Government, this discretion can
be modified by the supply of written directions to the Interim Commissioner in
relation to recruitment matters. Such directions could be very general in nature or,
in theory, extend to detailed guidance governing the filling of individual positions.
Another way in which the role of the Interim Commissioner could be modified
"Footprints 2" - pg. 139
would be through the establishment of a consultative role for the three parties to
the Nunavut Political Accord in the institutionalized making of staffing decisions.
A second important aspect of the process for making staffing decisions is the
relationship between the hiring of key personnel to work within the Office of the
Interim Commissioner and the hiring of senior staff for the Nunavut Government.
In both cases, recruitment will be the responsibility of the Interim Commissioner.
The NIC takes the view that the senior staff positions within the Office of the
Interim Commissioner should be filled in the expectation that the incumbents of
those positions will take on senior appointments with equivalent duties in the
Nunavut Government. This approach is the one that will best serve the interests of
administrative continuity and predictability. Given the central importance of good
inter-personal relations - team work - among senior officials in any governmental
organization, it is logical that a senior official in the Office of the Interim
Commissioner with responsibilities for a certain policy area - say health and social
policy - will have key influence on the recruitment of individuals to senior health
and social policy positions in the Nunavut Government.
In taking this view, the NIC makes note of a couple of items. Employment
status within the Office of the Interim Commissioner and within the Nunavut
Government must be kept distinct; in practical terms, this may entail offering the
same individual two separate contracts: a contract for employment with stipulated
duties inside the Office of the Interim Commissioner prior to April 1, 1999; and a
contract for employment with related duties inside the Nunavut Government
afterwards. A further matter to consider is the necessity for the post-division
Nunavut Government to have the same kind of flexibility in the deployment of its
most senior officials as is common in other jurisdictions in Canada, where the most
senior positions (e.g. deputy ministers) are held "at pleasure." Accordingly, while
the Interim Commissioner would have authority under the Nunavut A c t
(subsection 72(2)) to make appointments to senior offices of open-ended duration, it
would be appropriate to make such appointments time-limited. Such appointments
could, of course, always be renewed. Making such appointments entirely "at
pleasure" might be disadvantageous in the context of attracting good candidates to
work for an unproved government.
Recommendation #6-17
The NIC recommends that the lnterim Commissioner be given wide latitude in
carrying out, on a timely and objective basis, the recruitment of new personnel for
the Nunavut Government. The three parties to the Nunavut Agreement should
confine themselves to the development of any written directions of a broad policy
nature that may be usefully supplied to the lnterim Commissioner -for example,
policy directions relating to the role and broad contents of collective agreements but
not individual staffing decisions - and participation in informal multi-organizational
consultation.
Recommendation #6-18
The NIC recommends that the lnterim Commissioner approach the recruitment of
senior staff to the Office of the lnterim Commissioner with a view to these individuals
also being offered senior staff appointments within the Nunavut Government. The
most senior appointments within the Nunavut Government (e.g. Deputy Ministers)
should not guarantee employment for terms beyond March 31, 2001.
7.1 Background
In April, 1995, the NIC initiated a detailed and comprehensive study of the
infrastructure needed to establish the Nunavut Government. The NIC determined
that the following specific infrastructure requirements and costs needed to be
identified:
the capital cost of the infrastructure and the annual expenses required to
operate and maintain this infrastructure;
the annual cost of the leasing, operation, and maintenance of new staff
housing and office space required to establish the Nunavut Government.
In September, 1995, the NIC provided the three parties which it is mandated to
advise with detailed analysis and infrastructure recommendations in a report,
entitled Infrastructure Requirements of the Nunavut Government.
The report concluded that the incremental costs - from 1996-97 to 2015-16 for
the required infrastructure based on the NIC's decentralized organizational design
model - were approximately $ 326 million.
community infrastructure.
$ 17,991,000 for lease costs and O&M costs related to the leased Legislative
Assembly, office space and staff housing;
$ 6,022,000 in capital funding for land purchase and development for the
leased staff housing and office space.
All of the above funding was allocated for the four-year period 1996-97 to 1999-
2000.
Following the April, 1996, announcement of federal Cabinet decisions, the NIC
undertook to revise the organizational design model for the Nunavut Government
to take into account the following factors:
changes to the GNWT organizational structure and staff positions over the
previous and the current financial years, 1995-96 and 1996-97, intended to
result in a balanced budget by 1999;
the desirability of sharing some facilities, programs and services between the
Government of Nunavut and the government of the residual NWT, to the
mutual benefit of both governments.
This review and revision of the model took place within the framework of the
organizational design model which the NIC had proposed and which the federal
government, the GNWT and NTI had supported.
Over the'past year, the NIC has explored various options for
telecommunications systems in Nunavut and had prepared several supplementary
reports on this subject. Chapter 5 of this report presents a detailed outline of the
options for telecommunications development and the NIC's recommended
approaches.
The reduction in capital spending has had a significant impact on the GNWTfs
5-Year Capital Plan and 20-Year Capital Needs Assessment. These changes are
important, as the NIC understands that the infrastructure component of the federal
Cabinet reference which was the basis of the federal Cabinet's April, 1996, decisions
regarding Nunavut was referenced to the 5-Year Capital Plan for the five years prior
to the creation of Nunavut. Several projects originally planned to occur prior to
1999 have since been delayed, and possibly abandoned altogether.
The federal Cabinet's April, 1996, decisions included funding for Nunavut
Government staff housing for the 50% of employees who were assumed to be hired
from outside Nunavut. It was assumed that employees hired locally and hired from
other Nunavut communities were already housed and, therefore, new staff housing
would only be required for new staff recruited from outside Nunavut.
Unfortunately the NWT - and especially the regions which will make u p
Nunavut - has a severe shortage of housing, for several reasons:
the inventory of existing social housing is far smaller than the number of
households in need of subsidized accommodation. Nunavut currently has a
backlog of over 1,500 single and family social housing units;
"Footprints 2" - pg. 146
The April, 1996, federal Cabinet decisions allocated funding intended to allow
the Nunavut Government to come into existence on schedule, on April 1, 1999.
These decisions did not deal explicitly with all of the recommendations made by the
NIC in its September, 1995, supplementary report Infrastructure Requirements of
the Nunavut Government, particularly those dealing with such program facilities
as schools, health centres, cultural facilities, arenas and gymnasiums, facilities for
elderly and handicapped persons, residential care facilities, alcohol and drug
treatment facilities, correctional facilities, court facilities, and air and marine
transportation facilities. Nor did these decisions explicitly address special purpose
facilities associated with territorial governments, for example, a Legislative
Assembly building, a territorial museum, a territorial library, etc.
revision of the GNWT's 5-Year Capital Plan and 20-Year Capital Needs
Assessment.
Concept
Principles
In the Nunavut Political Accord the Government of Canada, the GNWT and the
Tungavik Federation of Nunavut agreed on three key principles with respect to the
infrastructure requirements of the Nunavut Government:
8.5 The financial arrangements referred to in 8.1 and 8.2 shall support the
need for financial stability for the territories and provide both territorial
governments the opportunity to continue to provide public services for
residents, recognizing the existing scope and quality of such services.
8.6 The GNWT will continue to provide an equitable allocation of its capital,
maintenance, and operating expenditures in the Nunavut area and the
western part of the Northwest Territories until the coming into force and
affect of the provisions of the Nunavut Act creating the Nunavut
Territory."
Definition
Capital and the associated O&M costs which are primarily or exclusively
attributable to the infrastructure to be constructed or provided to directly
support the operation of the functions of the Nunavut Government and the
community governments in the capital, Iqaluit, the 10 other communities
which will be the site of decentralized headquarters and regional offices, and
Nunavut's 15 smaller communities.
I
I -0
"Footprints 2" - pg. 149
Capital and the related operation and maintenance costs associated with
incremental growth beyond current levels or above currently projected rates
of growth which have the effect of reducing the available capacity of the
existing public infrastructure (territorial or community) and requiring early
expansion or early replacement of existing facilities.
Planning Assumptions
Household Size
Recruitment Location
Job Multipliers
private sector
federal government
Spouse Factor
Planning Horizon
The GNWT's current 5-Year Capital Plan and 20-Year Capital Needs
Assessment should be used to identify the incremental infrastructure
requirements.
Criteria for Calculating Incremental Capital Costs and the Associated O&M Costs.
The Nunavut Government will undoubtedly establish its own priorities and
approaches to the delivery of programs and services, and these will have
implications for the infrastructure requirements of the new government. It is
essential, however, that funding levels be appropriate to maintain the current level
of capital standards and criteria both before and after April 1,1999.
"Footprints 2" - pg. 151
Recommendation #7-1
revisions to the organizational design model and the net change in Nunavut
Government employment in the capital, Iqaluit, and the 10 other
communities where the Nunavut Government's decentralized headquarters
and regional staff will be located. There may also be lesser impacts on
Nunavut's 15 smaller communities. This analysis can be undertaken as
soon as the parties to whom the NIC makes recommendations review this
report and achieve consensus on the organizational design structure of the
Nunavut Government;
I
review of those Nunavut Government incremental infrastructure needs
which were not explicitly addressed by the April, 1996, federal Cabinet
decisions;
revision of the GNWT's 5-Year Capital Plan and 20-Year Capital Needs
Assessment; and,
for both political and economic reasons, it is desirable for the Nunavut
Government to achieve as much administrative self-sufficiency as soon as is
practicable and possible;
The existing staff of the GNWT in the regional offices, auxiliary regional
offices and community offices in Nunavut will likely make up a large
percentage of the work force of the new government. Transfer of the
employees of the Nunavut Government should not be a dramatic change
for most of these employees.
Since the movement of the GNWT to Yellowknife, there have been several
transfers of program and service responsibility from the federal
government. The initial transfer of authority for provincial-type programs
and services took place in 1969. The most recent devolution was the transfer
of responsibility for all Class "A" airports from Transport Canada to the
GNWT. Many GNWT employees at both headquarters and at the regional
levels have been heavily involved in planning and implementing
jurisdictional transfers in various parts of the NWT. This knowledge and
experience will greatly assist the process of implementing the Nunavut
Government.
I
The GNWT has been heavily involved over many years in various
initiatives to decentralize programs and services. The GNWT has directly
related experience in the following areas: establishment of new regional
offices and auxiliary regional offices; transfer of headquarters functions to
regional offices; transfer of semi-autonomous boards and agencies to
communities outside the capital; and, transfer of program and service
delivery responsibility to regional offices.
The NIC concluded that, with an adequate amount of planning and co-
operation, organizational structures of the Nunavut Government at headquarters
and regional levels could be largely in place by April 1, 2000. A detailed schedule for
implementing each element of the organizational structure over the 1999-2000
financial year was recommended in the supplementary report.
Following the federal Cabinet's review of the NIC's design model in April,
1996, the NIC reviewed its recommended implementation schedule, taking into
account both the broader design implications of the federal Cabinet's decisions and
some specific scheduling assumptions made by the federal Cabinet. The NIC paid
particular attention to:
The Interim Commissioner is expected to take office early in 1997. Within its
first year of operation, it is expected that the Office of the Interim Commissioner will
be made up of a team of senior managers engaged in preparing for the Nunavut
~bvernment.These managers will, in all likelihood, be senior staff in the Nunavut
Government after April 1, 1999.
The federal Cabinet decisions in April, 1996, assumed that 150 Nunavut
Government headquarters staff will be "on the job" in the capital on the first day of
operation - April 1,1999. This would account for 150 of the 374 headquarters
positions to be located in Iqaluit. This approach will, in effect, create a two year
formal implementation schedule - April 1, 1998, to April 1, 2000.
tions
The following planning assumptions have been used for gauging the numbers
of staff that will need to hired and relocated:
for new headquarters staff, it is estimated that 25% will be recruited locally,
25% from other Nunavut communities, and 50% from outside Nunavut;
and,
for existing regional office staff who are to be relocated to new regional
offices or auxiliary regional offices, it is estimated that 50% will be willing
and able to relocate - although this assumption may prove to be optimistic -
and that the remaining 50% of positions will be filled through recruitment
on the same basis as the new headquarters and regional staff.
The revised schedule recommended by the NIC for the establishment and
staffing the headquarters, regional offices, and auxiliary regional offices and other
implementation activities ("timelines") is set out in Appendix J. The schedule has
been developed on the basis of the following considerations.
To the fullest extent possible, the scheduling of staff recruitment and relocation
has been developed to avoid staff overlap during the transition phase. The
establishment of auxiliary regional offices for Cape Dorset, Pangnirtung and Pond
Inlet, has been scheduled for the first quarter of the financial year 1999-2000 to avoid
short-term duplication of office space and staff housing requirements in Iqaluit due
to the build-up of headquarters staff there.
The regional departments relocated from Iqaluit to the new Baffin regional
office in Igloolik would include the following corporate departments:
Personnel.
scheduled for the second quarter of the financial year 1999-2000 to assist in this
process.
An added factor to consider is the extent to which local hire will fill the
headquarters positions in Iqaluit. A 25% rate of local hire has been assumed for all
communities, including Iqaluit. For Iqaluit, however, there is a distinct possibility
that a greater percentage of local residents would be available for recruitment. Iqaluit
is much larger than any of the other centres and has a larger pool of prospective
employees from which to draw. With major downsizing taking place in the GNWT,
there may well be an additional pool of skilled and qualified people available.
the consolidation of health and social service functions and staff at the
regional level;
Since division of the NWT is now only two-and-a-half years away, it is hoped
that any additional organizational changes to the GNWT in the Nunavut area will
be consistent with the organizational design and scheduling considerations outlined
in this report.
The transfer schedule has been developed on the basis that substantial training
of prospective employees will occur prior to April 1, 1999, and will continue during
the first year of the new government. The Unified Human Resources Development
Strategy has been developed to meet this important requirement (see Chapter 6 of
this report). Once the design model and implementation schedule have been
approved, energetic pursuit of training programs, particularly in the year preceding
the start-up of the Nunavut Government, will facilitate the recruitment and
promotion of the employees necessary for new headquarters and regional positions.
It is assumed that employees hired for the Nunavut Government will have
received appropriate pre-employment training and that the transfer schedule does
not need to be extended to allow for training to occur during the actual recruitment
and placement process.
I
Other bodies have been identified for location after progress has been made on
setting up the Nunavut Government's key headquarters and regional offices. Until
new organizations can be established in Nunavut further down the road, these
functions can continue to be provided through existing bodies that are now serving
the undivided NWT.
Recommendation #8-1
The NIC recommends that the implementation schedule for the establishment and
staffing of headquarters, regional offices and auxiliary regional offices of the
Nunavut Government and other related implementation activities ("timelines"), set
out in Appendix J, be adopted and followed.
9.1. Financial Context
At the national level, stringent and on-going measures have been adopted
during the lifetime of the current Parliament to stabilize and reduce the annual
deficit. This has involved the adoption of some harsh measures: the elimination of
45,000 government jobs; the reduction of payments to the unemployed; the cutting
back on federal contributions to shared cost social programs administered by
provincial and territorial governments; to name just a few. As of yet, the battle to
put the federal financial house in order has only confronted the initial challenge of
shrinking the rate of accumulating new debt; the challenge of actually paying down
debt is still to be worked through.
In the NWT, the gap between what the territorial government can expect to
take in and what it is asked to pay out appeared somewhat later than in most parts
of Canada but, when the gap appeared, it did so with a vengeance. In July, 1995, the
Government of the Northwest Territories concluded that its financial outlook was
worrisome enough to necessitate spelling out the situation in great detail to citizens
of the NWT through a report entitled Eliminating the Deficit - Establishing the
Sound Financial Framework for the Northwest Territories. The financial outlook
was stated bluntly:
" ... Given the cuts in the federal Grant to the GNWT, expenditures
cannot continue to grow at their current rate. If they do, the deficit in 1996-97
could be as high as $100 million and could reach $120 million in 1998-99. This
does not include any new costs associated with division of the Northwest
Territories, with aboriginal self-government or with the transfer of programs
to communities."
(page 3)
"It is very expensive to deliver public services in the NWT. Vast distances, a
small and widely-spread out population, a harsh climate and limited
transportation alternatives all contribute to the cost. In addition, huge
demands have been made on the GNWT to provide services and
infrastructure. In many communities, the government is the only source of
economic activity.
population growth;
increasing expectations.
These factors result in increased use of the health and education systems,
increased use of social assistance, increased need for social housing and
increased demands on the courts and corrections programs. There is no
indication that these pressures will be less by 1999. In fact, there is every sign
that they will increase.
"Footprints 2" - pg. 163
... Social, economic and health conditions in the NWT are not going to change
overnight. The NWT will continue to have to deal with these serious and
persistent problems. A large number of young people will be looking for
education, jobs and housing over the next 10 years. The growth in demand for
health care, education, housing, and social issues is not going to diminish in
the near future. New, more efficient and less expensive ways of providing
services must be found.
The GNWT is trying to find new and more efficient ways to deliver income
support programs. Education and training will become important parts of
income support, and delivery systems will change. Alternative ways of
delivering health care are being looked at, but real improvement in the health
of NWT residents depends on better social conditions. All these factors will
continue to put immense strain on the financial resources of the GNWT."
(pages 11 and 15)
Since making public its report on addressing the deficit problem, the NWT
~ i ~ i s l a t u and
r e GNWT have taken concrete steps to bring the situation under
control, including the enactment of legislation that circumscribes excess spending
and compels a balancing of the books in the near future, a streamlining of
government departments, and the shedding of positions in the government work
force. These steps have not, for obvious reasons, been uncontroversial. If they are
followed through, the GNWT will have ordered its financial affairs so as to have its
books balanced in the run up to April 1,1999. It may not, however, have been able to
avoid the overhang of debts accumulated in years involving substantial borrowing.
In its 1996-97 Budget Address, the GNWT projected an accumulated deficit at the
end of the 1996-97 financial year of $85,212,000, a sharp deterioration from an
accumulated surplus of $56,145,000 at the end of the 1992-93 financial year.
As the ancient Chinese curse would have it, people planning for Nunavut are
faced with living in "interesting times."
" ... While the federal contribution falls well short of what Nunavut leaders
believe it will cost to create the new territory, NTI President Jose Kusugak was
satisfied that the federal Cabinet was able to make a decision and kick start the
creation of the new government.
... Although the costs and resources to put Nunavut on the map is hampered
by fiscal constraint, Kusugak said Nunavut leaders and its people will find
innovative ways to make up for that shortfall.
'We are committed to this enterprise. This is the path that Inuit and non-Inuit
will chart towards 1999. Let's get on with the work."'
(untitled NTI press release, May 1, 1996)
" ... The dream of Nunavut is swiftly becoming a reality. After many years of
negotiations, three plebiscites, and seemingly unlimited patience on the part of
people of Nunavut, we are now within three years of the creation of a new
territory. The map of Canada will be changed for the first time in 50 years.
Many difficult decisions have been made and many more tough ones lie ahead.
... We also have comparatively little in the way of resources to do all this work.
The funding available to us is limited. The debt load of the federal and
territorial governments, and the limited ability of Nunavut to raise its own
revenues place tight restrictions on the money we can use to establish the new
government. The available resources will be much less than what we had
hoped when the Final Agreement was signed and the Nunavut Act became
law."
From the NICfs perspective, the most important overall consequence of the
April, 30, 1996, federal announcement was to remove any doubts as to the outcome
of the Nunavut project: the Nunavut Government will open for business, as
scheduled, on April 1, 1999. With respect to the financing of the creation and
operation of the Nunavut Government, the NIC detected two, equally important,
aspects of the federal announcement:
bilit
In order to push the process forward, the NIC suggested that four things be kept
in mind in the structuring and conduct of negotiations over the division of assets
and liabilities.
" ... there can only be illusory incentive, at best, in developing overly complex
approaches to the division of assets and liabilities (for example, an effort to
capture the "historic" levels of expenditures on asset-creating activities in
different parts of the NWT). Such approaches could easily stymie negotiations
and could obscure necessary distinctions between issues of current assets and
liabilities and issues of future income needs and flows. The most rational
approach to the division of assets and liabilities will be one which allows for
the classification of assets and liabilities according to the simplest tests available
(for example, geographic locations) and which allows the people of Nunavut
and of the Mackenzie Valley to concentrate on the kinds of federal financial
assistance needed in the years ahead to support acceptable levels of public sector
programs and services"
(page 83)
the benefits and burdens associated with legal instruments (e.g. leases) and
liabilities connected to physical assets should usually follow the ownership
of the asset;
where physical assets are divided, every effort should be made to avoid the
unnecessary movement of goods (adjustment should be made through
1
monetary means);
financial assets and liabilities of the current GNWT that are not tied to
specific physical assets should be divided fairly and equitably;
intellectual property and physical assets outside the NWT should be divided
equally; and,
"8.6 The GNWT will continue to provide an equitable allocation of its capital,
maintenance, and operating expenditures in the Nunavut area and the
western part of the Northwest Territories until the coming into force and
effect of the provisions of the Nunavut Act creating the Nunavut
Territory."
"Footprints 2" - pq. 168
Based on these four things, the NIC put forward some specific
recommendations concerning the division of assets and liabilities in "Footprints".
"The actual value of the assets and liabilities as of March 31,1999 will not be
available until the financial statements are prepared and audited. Physical
assets (should) be inventoried, legally described and prepared for transfer prior
to 1999. All lead up work, methodologies and principles for calculating the
distribution of each type of asset and liability can be in place by 1999 so that a
formal agreement can be signed when the two newly elected governments
,assume office. A paper outlining the GNWT's recommended methodologies
on how to proceed with the division of assets and liabilities will be circulated to
the parties for discussion later in 1996."
(page 30)
" The distribution of assets and liabilities, to the extent possible, must be
done in a manner which will ensure and maintain the financial and
program stability of each new government.
Based on the above discussion, the NIC restates and amplifies its advice in
"Footprints" by making the recommendations concerning the division of assets and
liabilities that are found at the conclusion of this section.
There are two other aspects of dividing up assets and liabilities that warrant
further comment.
"Footprints" did not deal specifically with the implications of division of the
NWT for the ownership and use of cultural artifacts, such as those housed in the
Prince of Wales Heritage Centre in Yellowknife. Logically, the ownership of cultural
artifacts, including archaeological, ethnographic and archival materials, which are
"Footprints 2" - pg. 169
more closely connected to Nunavut than to the remaining part of the NWT, should
be transferred, subject to the terms of the Nunavut Agreement, to the Nunavut
Government or its designated agency. Ownership of such materials should be
followed, as appropriate facilities are identified or created in Nunavut, by the
physical transfer of such materials to Nunavut.
A second matter, addressed in "Footprints" but not in the context of assets and
liabilities, involves the sale of territorial government assets. The earlier report
contained a recommendation against the sale of public housing units in Nunavut
based on the following reasoning:
Recommendation #9-1
The NIC recommends that the division of assets and liabilities between the Nunavut
Government and the GNWT be resolved through the conclusion of a
comprehensive intergovernmental agreement, prior to April 1, 1999, sorting out the
ownership of all classes of assets and liabilities owned or controlled by the GNWT
at the date of the agreement and all liabilities, established or contingent, incumbent
on the GNWT at the date of the agreement. Specific exceptions to the complete
division of assets and liabilities might be made in relation to those assets and
liabilities that are tied to institutions that continue, after April 1, 1999, to carry out
functions on behalf of the residents of both Nunavut and the Mackenzie Valley (for
example, a workers' compensation board).
Recommendation #9-2
I
The NIC recommends that, consistent with the scheme set out in the Nunavut Act,
the Interim Commissioner act for the Government of Nunavut in the negotiation and
execution of a comprehensive intergovernmental agreement on the division of
assets and liabilities. The NIC recommends that, in addition to the role reserved by
the Nunavut Act for the Governor in Council in.approving such an agreement, the
Interim Commissioner consult closely in this matter with NTI.
Recommendation #9-3
Recommendation #9-4
Recommendation #9-5
The NIC recommends that the GNWT continues its work of assembling information
about various classes of GNWT assets and liabilities and encourages the GNWT to
share the fruits of its work in this regard on an early and on-going basis.
Recommendation #9-6
The NIC recommends that the principles set out in this chapter be employed to
guide the negotiation of a comprehensive intergovernmental agreement on the fair
and equitable division of assets and liabilities between the Nunavut Government
and the GNWT. The NIC further recommends that, insofar as a consensus emerges
among the three parties, on a timely basis, as to the appropriateness of these or a
revised set of principles, this consensus be captured and conveyed to the Interim
Commissioner in the form of written directions supplied by the Minister of DIAND.
Recommendation #9-7
Recommendation #9-8
1. generally, the GNWT refrain from the sale of any of its assets in Nunavut
except with the concurrence of the Interim Commissioner; and,
2. specifically, the GNWT discontinue the sale of GNWT staff housing in the
Nunavut area until a comprehensive housing policy has been developed
which takes fully into account the housing implications of the creation of
the Nunavut Government.
Recommendation #9-9
(a) Introduction
One of the most important and contentious issues confronting all those
involved in - and affected by - the creation of Nunavut, is the long-term financing
of the Nunavut Government. Any number of important questions are bound up in
this issue, for example:
How much money will the federal government contribute to the Nunavut
Government's budget?
"Footprints 2" - Da. 173
How will Nunavut affect the finances of the remaining part of the NWT?
Will there be a fight over dividing a given sized - perhaps shrinking -
federal pot?
There is a Dutch proverb that holds that any fool can ask more questions than
10 wise people can answer. In looking at how the operations of the Nunavut
Government will be financed, there will be no shortage of good questions - we can
only hope that there will be a 10-fold amount of wisdom.
'
A good place to begin is by breaking down the issue into more manageable
parts. They can be identified as follows:
commitments that have already been made with respect to the financing of
Nunavut;
We will look at these parts of the issue in turn. Before doing so, it is worth
pointing out that none of these parts deals squarely with the question - a
straightforward and fair one - "What will it cost to run the Nunavut
Government?"
One answer that it is tempting to offer in response to this question is: "nobody
knows." In a way, this response is perfectly true; understanding of all those dynamic
elements that go into the determination of government expenditure demands -
demographics, inflation, consumer preferences, technological change, and so on - is
seldom so thorough as to permit any great exactness of quantitative prediction or
measurement. Such a response, however true, nonetheless tends to obscure the
"Footprints 2" - pg. 174
more important point. The problematic aspect of answering the question "What
will it cost to run the Nunavut Government?" is that "everybody knows" - or at
least claims to have a pretty good idea. Sufficient, if necessarily incomplete, research
and analysis has been done to equip many of those most directly responsible for the
financing of public sector programs and services with "preferred views" with respect
to the costs of running Nunavut.
For example, it is not difficult for those who are most worried about the under-
funding of Nunavut to use studies done over the years, such as the study carried out
by the consulting firm of Coopers & Lybrand for the GNWT in 1991, to sketch out
one set of costing scenarios. Nor is it difficult for those who are most worried about
the state of the federal treasury to trot out the old adage that "two can live as cheaply
as one" and fasten on the existing GNWT budget as the essential reference point for
the determination of cost items faced by two post-division territorial governments.
From the perspective of the NIC, the answer to the question "What will it cost
to run the Nunavut Government?" can never be usefully addressed as a matter of
abstract bean-counting. Rather, the issue of determining the financing of the
~ u n i v u Government
t necessarily pulls in a variety of elements which are no less
vital because they resist being easily reduced to cold, hard numbers. These elements
include such things as the legal and moral obligations bound up in the Nunavut
project, the shared expectations of all Canadians as to acceptable standards of public
goods and services, and the degree of optimism with which the citizens of Nunavut
and the rest of the country evaluate their individual and collective futures. In the
NIC's estimation, the financing of the Nunavut Government is an inherently
policy-loaded question; accordingly, it is likely to be far more productive to
concentrate on an orderly method for creating a high level of intergovernmental,
inter-organizational, and public confidence about the adequacy of funding for the
Nunavut Government, than to seek artificial consensus on what the Nunavut
Government "needs."
Formula funding agreements have not always been part of the northern
intergovernmental landscape. In its May, 1995, report entitled Working Toward
1999, the GNWT described the situation as follows:
neutrality in the sense that the agreements, once in effect, should not be
subject to discretionary actions by either government.
In assessing the current status quo, it is significant to note that the introduction
of formula funding agreements has not removed a large element of unpredictability
from the state of the NWT public finances. A number of factors have contributed to
this unpredictability. An obvious factor, for example, has been the federal
government's unilateral decision to freeze the formula funding grant to the GNWT
in the 1995-96 financial year and to reduce it in 1996-97. Even in the absence of
unilateral changes, however, formula funding arrangements incorporate dynamic
factors such as rates of population growth and changing levels of public sector
expenditures across Canada (major cutbacks in provincial government spending
that have recently occurred in many parts of Canada have had an unexpected impact
on the size of the federal government grant to the GNWT). The uncertainties
attached to precise revenue flows calculated through formula funding arrangements
are not, of course, the only uncertainties that figure in the GNWT1syear to year
budget picture. For example, on the expenditure side, outlays are directly affected by
the changing costs of necessary service delivery inputs, such as transportation
charges and heating oil, and by the supply of many government programs on the
basis of statutory entitlement.
1.. . "Footprints 2" - pg. 176
The portions of the Nunavut Political Accord most relevant to the financing of
Nunavut, and the financial situation of the remaining NWT, are contained in Part
8 of that Accord. They are as follows:
"8.1 Prior to the coming into force of the provisions of the Nunavut Act
creating the Nunavut Territory, Canada, following consultations with the
other parties hereto, shall establish the financial arrangements for the
Government of Nunavut. Recognizing the desirability of formula-based
financing, such financial arrangements may be analogous to those which
currently exist for the GNWT with such modifications as may be
necessary.
8.2 Prior to the coming into force and effect of the provisions of the Nunavut
Act creating the Nunavut Territory, Canada, following consultation with
"Footprints 2" - pg. 177
8.3 Prior to the coming into force and effect of the provisions of the Nunavut
Act creating the Nunavut Territory, a process shall be established by the
parties to consult on the matters referred to in 8.1 and 8.2 herein and to
clarify, as necessary, the financial arrangements referred to in 8.1 and 8.2.
8.5 The financial arrangements referred to in 8.1 and 8.2 shall support the
I
need for financial stability for the territories and provide both territorial
governments the opportunity to continue to provide public services for
residents, recognizing the existing scope and quality of such services.
8.6 The GNWT will continue to provide an equitable allocation of its capital,
maintenance, and operating expenditures in the Nunavut area and the
western part of the Northwest Territories until the coming into force and
effect of the provisions of the Nunavut Act creating the Nunavut
Territory."
Given the pivotal role played by the Nunavut Political Accord in defining a
common outlook for the Nunavut project among the key political actors at a crucial
point in the process of ratification of the Nunavut Agreement and the subsequent
adoption of the Nunavut Act by Parliament, the NIC operates on the assumption
that full respect for the commitments made in the Accord must be a necessary
feature of the process by which further agreements in relation to Nunavut's on-
going finances are pursued and expressed.
full respect for the commitments made in the Nunavut Political Accord and
elsewhere;
the focusing and, where needed, the re-ordering of existing federal and
territorial administrative and expenditure activities in anticipation of the
creation of Nunavut (e.g. renewals of leases for the supply of office space to
government in the NWT should be adjusted to take into account the
Nunavut Government's office space requirements);
the most effective use of those transitional infrastructure, training and other
special purpose moneys made available through the federal Cabinet
decisions of April, 1996;
"Footprints 2" - pg. 179
The NIC takes the view that it is highly preferable that arrangements
concluded prior to April 1, 1999, concerning the financing of the early operations of
the Nunavut Government be negotiated rather than decreed.
This is not to constitute a denial that the Government of Canada has the legal
authority under existing legislation - and, arguably, in circumstances of deadlock,
would also have the political and moral obligation - to fix the amount and
packaging of federal funding support to the new Nunavut Government (given the
centrality of federal funding support to the budget of the new Nunavut
Government, the extent of federal funding support will be the key determinant of
overall budgetary planning, at least on the revenue side). This legal authority is
reflected in the requirement under the Nunavut Act that any funding agreement
signed by the Interim Commissioner be approved by the Governor in Council. It is
similarly reflected in the wording of relevant sections in Part 8 of the Nunavut
Political Accord (" ... Canada, following consultations with the other parties, shall
establish the financial arrangements for the Government of Nunavut"). Legal
authority notwithstanding, every effort should be made, as envisioned in the
Nunavut Political Accord, and as evidenced in such multi-lateral undertakings as
the creation of the CCON, to develop financial arrangements that have broad
political support.
On the federal side of such negotiations, the Minister of DIAND has indicated
that the federal Cabinet has determined that such negotiations will be led by the
Minister of Finance, rather than the Minister of DIAND. It has been suggested that
this shift in focus from DIAND to the Department of Finance is in response to a
request along those lines from a previous territorial minister of finance, and is in
keeping with the evolution of territorial governments as governments capable of
conducting intergovernmental relations on a footing similar to that of provincial
jurisdictions.
"Footprints 2" - pg. 181
From the NIC1s perspective, there are major disadvantages attached to taking
DIAND out of the picture. The Minister of DIAND continues to have fundamental
statutory responsibilities for the administration of the federal government's special
interests in the north and in relation to aboriginal peoples throughout Canada, for
example, in the conclusion and implementation of land claims agreements.
Moreover, the current Minister of DIAND has acquired an in-depth understanding
of the "Nunavut file" through his numerous discussions with Nunavut leaders
and his visits to the north. This familiarity at the political level is buttressed by
DIAND personnel who are immersed in Nunavut issues and can draw on extensive
relevant bureaucratic and personal experience. Accordingly, the NIC takes the view
that the Minister of DIAND, and DIAND officials, should be actively involved in
the negotiation of financial arrangements for the post-division operations of the
Nunavut Government.
On the other side of the equation, the Nunavut Act makes it clear that a
federal-territorial agreement on the provision of funding support in relation to the
operating expenditures for the Nunavut Government could only bind the Nunavut
Government if signed on its behalf by the Interim Commissioner of Nunavut.
~bnsistentwith the responsibility to execute such an agreement on the basis of
informed consent, the Office of the Interim Commissioner will need to play a full
and active role in all negotiations.
From the NIC1s perspective, responsibility for conducting the "Nunavut side"
of such negotiations should not be confined to the Office of the Interim
Commissioner. There are a number of compelling reasons why the GNWT, as
represented by its Minster of Finance and officials of that department, should be
fully involved in the negotiations:
The NIC also believes that NTI is entitled to play an active part in the Nunavut
side of negotiations on intergovernmental funding arrangements for the start-up
operations of the Nunavut Government. Such involvement follows from two
"Footprints 2" - pg. 182 , -
-
considerations: like the GNWT, NTI is a party to the Nunavut Political Accord and
a beneficiary of the consultation obligations and processes that are set out in it; and,
NTI has special Nunavut-focused responsibilities in relation to implementation
and safeguarding of the provisions of the Nunavut Agreement, including Article 4
and provisions dealing with the creation of important components of Nunavut's
public administration, namely, joint Inuit/government resource management
boards.
'1n "Footprints", the NIC suggested that it is possible to take quite different, but
equally logical, approaches to the timing of negotiations.
On the other hand, an approach which placed little emphasis on certainty and a
high emphasis on adaptability to changing circumstances would aim at the
conclusion, shortly before start-up on April 1, 1999, of an agreement to cover the
immediate financial needs of Nunavut. Under this approach, the logic of
concluding some kind of initial formula funding agreement for Nunavut might
give way to some kind of one-of-a-kind, one-time-only grant to the Nunavut
Government to cover its bills until a Nunavut Government, represented by an
elected minister of finance, could bind the Nunavut Government to a longer term
formula funding agreement.
Conscious of choices in approach that, at least in theory, are available, the NIC
did not define a detailed position in "Footprints" on the timing of negotiations with
respect to funding issues. Instead, the NIC made two recommendations dealing
generally with the questions of timing:
"Footprints 2" - pg. 183
In its May, 1996, report entitled Working Toward 1999, the GNWT expressed
the following positions with respect to the conclusion of agreements relating to
transitional costs and funding for Nunavut Government operations:
"
. That, by December 1996, Canada and GNWT sign a Memorandum of
Understanding to cover GNWT transitional costs of division for the
period ending on March 31,1999."
(page 33)
" . That formula funding arrangements be established for the governments
of Nunavut and the western territory and that such arrangements or
ancillary agreements provide fully for the incremental costs associated
with the establishment and operation of two territorial government.
reference to the federal Cabinet must be factored into any realistic calculations of
timing. Accordingly, calculations of timing must look at the following:
how funding issues need to be addressed prior to a federal Cabinet reference .&
in 1998;
how funding issues need to be addressed in the period after April 1,1999.
t
The recommendations that follow at the end of this chapter of the report take
these timing considerations into account.
Drawing on "Footprints", the stated views of the three parties to the Nunavut
Political Accord, and this section to the report, the NIC believes that negotiation of
an appropriate formula funding arrangements to provide for the supply of federal
government support towards the operating costs of the Nunavut Government -
and any agreements flowing from such negotiations - should conform to the
following principles:
Based on the above discussion and analysis, the NIC makes the following
recommendations:
Recommendation #9-10
The NIC recommends that the three parties to the Nunavut Political Accord
commit themselves to the pursuit and achievement of the following objectives in
relation to Nunavut Government finances:
full respect for the commitments made in the Nunavut Political Accord
and otherwise;
Recommendation #9-11
Recommendation #9-12
The NIC recommends that, on the federal government side of negotiations towards
a formula funding agreement for Nunavut, the Department of Finance and DIAND
work jointly, and that every effort be made to ensure that the agreement have the
active support of both the Minister of Finance and the Minister of DIAND.
Recommendation #9-13
The NIC recommends that, on the Nunavut side of negotiations towards a formula
funding agreement for Nunavut, the Office of the Interim Commissioner work jointly
with the GNWT and NTI, and that every effort be made to ensure that the agreement
have the active support of the NWT Minister of Finance and the President of NTI.
Recommendation #9-14
The NIC recommends that, consistent with its obligation to supply advice to all three
parties to the Nunavut Political Accord, the NIC not participate in the
negotiation of a formula funding agreement, except insofar as it may be called upon
to furnish information.
Recommendation #9-15
The NIC recommends that the negotiation and conclusion of an initial formula
funding agreement for Nunavut be approached according to the
following considerations of timing:
Recommendation #9-16
The NIC recommends that the negotiation and conclusion of an initial formula
funding agreement for Nunavut be carried out in accordance with the following
principles:
I
Recommendation #9-17
The NIC recommends that, in consultation with the NTI, the Government of Canada
and the GNWT make every effort to conclude, by December 31, 1996, a
Memorandum of Understanding to cover the GNWT's transitional costs of division in
the period ending on March 31, 1999. Among other things, such a Memorandum of
Understanding could deal with:
10.1 Introduction
Canadians are not unfamiliar with the central importance of language in the
definition and inter-play of human societies. The founding document giving birth
to the Dominion of Canada - the Constitution Act, 1867 revealed the reality of
Confederation as a political arrangement grouping together two major language
groups, English and French. Thus, section 133 of that Act guaranteed the use of
English or French in the debates and records of Parliament and of the Quebec
Legislature and in most federal and Quebec courts. Institutional recognition of the
"Footprints 2" - PQ. 196
primacy of the English and French languages in Canada has, with various twists and
turns, been enlarged since 1867. The 1969 federal Oflicial Languages Act - modified
in 1988 - provided greater clarity as to the status of English and French as official
languages in relation to the Parliament of Canada, with respect to programs and
services provided by the Government of Canada, and within the operations of the
Government of Canada. In 1982, through adoption of the Canadian Charter of
Rights and Freedoms as part of the patriation of the Canadian Constitution, English
and French were entrenched as Canada's official languages, and various practical
benefits flowing from such status were spelled out. At the same time, minority
language educational rights were guaranteed to anglophone and francophone
minorities where there numbers are sufficient to warrant the allocation of public
funds.
Official bilingualism in Canada has not come without a price. For example, in
the 1992-93 fiscal year, the cost of providing federal government programs and
services in both official languages was estimated by the Commissioner of Official
Languages to be $ 319.4 million, or 0.2% of total federal expenditures (1993 Annual
Report). Taking a wider view of relevant costs, another estimate for the same period
amounted to $650 million (Language and Society, Number 45, Winter 1993).
Like the federal official languages statute, the territorial legislation provided for
the primacy and equality of status of the English and French languages. Unlike the
federal statute, the territorial law also provided for official status for aboriginal
languages in the NWT. There are now eight aboriginal official languages in the
.- .. "Footprints 2" - pg. 197
NWT; of these, only one, Inuktitut (which includes Inuinnaqtun and Inuvialuktun
for the purposes of territorial law) is widely spoken in Nunavut.
With respect to English and French, both languages occupy a central and
necessary role in the making and enforcement of laws. For example, draft laws must
be introduced into the Assembly in both English and French versions; upon
adoption, they must be printed and published in both languages. Each language
version is equally authoritative. Similarly, with respect to the operation of the
courts, individuals have the right to make use of English or French, including the
right to file proceedings. At the day-to-day level of program and service delivery,
however, and in the internal operations of the territorial government, English and
French are in very different positions. While anglophones and francophones have a
right to communicate formally (i.e. in writing) with GNWT departments in either
language, the working language of the GNWT is English. Storefront services need
b$ offered in French only in circumstances where there is significant demand.
The position of aboriginal official languages is, viewed from a formal angle,
weaker than that of French. While use of any of the aboriginal languages is
guaranteed in limited circumstances (for example, in Legislative Assembly debates),
in most situations the use of aboriginal official languages is permitted rather than
made mandatory. This is the case with respect to such things as the publication of
aboriginal language versions of territorial statutes and regulations (such versions
are not "authoritative" in the event of dispute as to their meaning), the publication
of court decisions, and the provision of information as to government programs
and services. Viewed from another, less legalistic angle, the position of at least some
aboriginal official languages - the Inuit language in particular - can be seen as
considerably stronger than that of French. This is the case for two reasons: a
sufficiently high proportion of residents in many communities speak the Inuit
language to result in government offices operating bilingually - the Inuit language
and English - even in the absence of much regulatory intervention; and, the use of
the Inuit language as an active language of instruction over a range of grade levels
in the schools underscores its profile and relevance.
The GNWT has been helped in meeting the implementation costs of its official
languages policy by the terms of the Canada-NWT Co-operation Agreement for
French and Aboriginal Languages in the NWT. This funding assistance goes back to
an initial out-of-court understanding between the federal government and the
GNWT concerning the application of constitutional language provisions to the
northern territories. For many years, funding levels have been significant; for
example, in 1992-93, the agreement provided the GNWT with $ 1.043 million for
French language services and $ 4.596 million for aboriginal official languages
services
The Inuit language, as it has evolved over generations, is the first language of
Nunavut - first in time and first in numbers of residents identifying it as their
mother tongue.
There are various dialects of the Inuit language used in Nunavut. In the Baffin
and Keewatin regions, five dialects are used: North Baffin; South Baffin;
Aivilik; Kivalliq; and, Arctic Quebec. In the Kitikmeot region, there are two dialects
in use, Natsilingmiut and Inuinnaqtun Inuktun. Within these seven dialects, there
are 17 subdialects.
A more complex problem than the existence of dialects is the use of two
distinct writing systems for the Inuit language in Nunavut. A Syllabics orthography
is used in the Baffin, Keewatin and eastern Kitikmeot regions. Roman orthography
is used in the western Kitikmeot region. In terms of population figures, about 94%
of Inuit language users in Nunavut are familiar with the Syllabics orthography, and
only 6% with Roman orthography. This reflects the larger picture in Canada, where
some 64% of a total Inuit population of approximately 41,000 use Syllabics, but is at
odds with the situation that pertains among the entire population of Inuit living in
Siberia, Alaska and Greenland, as well as other parts of Canada; of some 125,000
Inuit living in the international circumpolar area, only 21% make use of Syllabics.
Notwithstanding the difficulties of two writing systems, the vitality of the Inuit
language in Nunavut is assisted by a number of factors. Chief among these is, of
course, the reality that the Inuit language is spoken by significant numbers of people
across an unbroken succession of generations, both within and outside Nunavut.
Other factors are also important, including the extensive and growing use of the
Inuit language in schools, churches, courts, and government institutions and
offices, the availability of Inuit language broadcasting and of newspapers and other
printed materials, and recognition of the Inuit language as an "official" language of
communication. Not least of all, the prospect of a new Nunavut Government in
1999, answering to an Inuit majority electorate, has boosted the confidence and
heightened the expectations of Inuit language speakers committed to the survival
and flourishing of the Inuit language in a shrinking and increasingly complex
world.
(b) English
I
English is the most widely spoken language in Canada, in North America, and
- for purposes as varied as air traffic control, the Internet, and the publication of
scientific papers - in the world. The high profile of English in the international
sphere is a two-edged sword in relation to efforts to preserve and promote the use of
the Inuit language in Nunavut. On the one hand, it heightens the appeal of English
to young people coping with cross-cultural pushes and pulls and makes it more
difficult to propel the use of the Inuit language into the future; on the other hand,
Inuit language speakers who acquire a working knowledge of English can rely on
their bilingualism to communicate readily with the rest of the world. This situation
can be contrasted with that pertaining in places such as Greenland, where
knowledge of a second language spoken only by a relatively small outside
population - Danish - does not equip young Greenlanders with the ability to deal
globally.
"Footprints 2" - pg. 201
(c) French
For official purposes, the status of French is very similar to that of English in
Nunavut at both the federal and territorial levels. In a practical sense, things are
very different. English is a primary language of communication in government
work places, French a very exceptional one. The same is true outside government
offices. It is possible - if sometimes difficult - for people in many parts of Nunavut
to "get by" as monolingual English or Inuit language speakers; it would be very
difficult to "get by" in French. French does not carry very far in the routine activities
of life - talking to the neighbours, buying a loaf of bread, chatting in the taxi. A
visible francophone community is apparent only in Iqaluit; the relatively large
number of francophones in that community (about 400) has resulted in a network of
organizational and individual supports. Proximity (by air travel time) of Iqaluit to
Montreal and other francophone centres in the south contributes to the vitality of
the French language presence in Iqaluit.
The creation of Nunavut will have no effect on the status of English and
French as Canada's official languages and the various constitutional and statutory
rights and privileges that pertain to them. Accordingly, relevant sections of the
Constitution Acts, 1867-1982 and of the federal OfliciaI Languages Act will continue
to govern such things as authoritative language versions of the laws of Canada, the
ability to communicate with government departments and agencies, the use of
language in federal government workplaces, and the ability of English and French
parents to seek school instruction for their children in English or French. This also
means, of course, that any Inuit language version of the federal statute that is the
primary statement of Nunavut's "constitution" - the Nunavut Act - serves only for
information purposes, not as a source of the law. This situation was faced in the past
by TFN negotiations during the completion of the Nunavut Agreement - in order
to pursue a consistent legal argument as to the statutory force of the agreement (a
status bringing with it various legal advantages), TFN negotiators acknowledged
that the authoritative versions of the agreement would be English and French (the
agreement does contain within it various provisions guaranteeing the use of the
Inuit language in proceedings of joint Inuit/government management boards
created under the terms of the agreement).
"Footprints 2" - pg. 202
The starting point is section 29 of the Act. This section "grandfathers" the laws
of the NWT into Nunavut until such time as they are "repealed, amended or
rendered inoperable in respect of Nunavut." Application of this section with respect
to the status of languages in Nunavut at the territorial level will result in the NWT
Official Languages Act becoming Nunavut's official languages legislation.
Accordingly, there will be no break with respect to the status of languages in
Nunavut in the period following division; English, French and the various
aboriginal official languages will all initially inherit the same status in the Nunavut
area after April 1, 1999, that they enjoy in the Nunavut area on March 31, 1999. It
should be emphasized that the "grandfathering" of laws under section 29 of the
Nunavut Act extends not only to statutes, but also to all regulations enacted
pursuant to statutes.
I
"38. (1) Except in respect of any provision that the Commissioner in Council
of the Northwest Territories was empowered, by section 43.2 of the -
Northwest Territories Act, to enact without the concurrence of
Parliament, the ordinance of the Northwest Territories entitled the
Official Languages Act and continued in force in Nunavut by section
29 may not be amended, repealed or otherwise rendered inoperable
by the Legislature without the concurrence of Parliament by way of
resolution.
"23. (1) Subject to any other Act of Parliament, the Legislature may make
laws in relation to the following classes of subjects:
Section 38 and paragraph 23(l)(n)of the Nunavut Act are closely connected;
while the Legislature has ample jurisdiction to take positive steps to enhance the
position of the Inuit language in Nunavut, it must obtain Parliament's approval
before embarking on any legislative course that would diminish the status of
English or French.
Given the delicacy of language topics, and the lack of any obvious pattern of
public preferences as to what Nunavut's language policies should look like, it might
be tempting to put off all serious investigation of Nunavut's language policies until
after the Nunavut Government is up and running in 1999. Against the competing
pressure of so many other tasks associated with a successful launch of the Nunavut
Government, this temptation has particular appeal. Despite such appeal, the NIC
"Footprints 2" - pg. 204
believes it would be a mistake for those involved in preparing for Nunavut to put
language issues on a shelf. There are two reasons behind this conclusion.
The first reason is that a wide range of decisions that will be taken in the run-
up to Nunavut - decisions ranging from the design of government structures, to
the distribution of government positions, to the recruitment and training of new
staff - should, as far as possible, be informed by any additional clarity that can be
obtained as to the likely direction of Nunavut's language policies. Any such clarity
should, of course, be itself communicated to a Nunavut public which needs to feel
the highest possible level of comfort as to where the Nunavut project is going.
The second reason is that a workable set of language policies in any jurisdiction
requires a great amount of public discussion, and such a process of discussion takes a
considerable amount of time. In the NIC's view, postponing the commencement of
a concerted process of public discussion on language issues until 1999 would
condemn the Nunavut Government to beginning its life - amidst myriad other
pressures and distractions - with no hints as to the shape of a workable set of
language policies.
There is little incentive in investing much effort, at least for the foreseeable
future, in reviewing the appropriateness of some major aspects of Nunavut's
languages policies. The status of English and French in Nunavut will be beyond the
reach of the Nunavut Legislature to reconsider on its own as a consequence of black-
letter constitutional and statutory law. This process of "grandfathering" through the
status of English and French will also pertain to the status of the Inuit language
under the current NWT Oflicial Languages Act; thus, there will be basic legal
protection for Inuit language rights and services right from the start. The real issue
for Nunavut will not be whether and how to consider such things as redefining the
status of English and French, but what practical steps to take to "preserve and
promote" the Inuit language as a working language above and beyond what
"grandfathering" the NWT situation delivers.
Even if the official status of languages were left entirely up to the Nunavut
Legislature in 1999, a satisfactory and secure role for the Inuit language could not
likely be achieved solely through the enactment of ideal official languages
legislation. Historical and contemporary experience reveal that a language can be
"official" - as Latin has been for two millennia in the Western Church - and not be
"Footprints 2" - pg. 205
spoken regularly at anybody's breakfast table. Rather, a satisfactory and secure place
for the Inuit language in Nunavut depends on weaving together a thoughtful,
do-able and affordable combination of government, private sector and personal
decisions and initiatives that address the use of the Inuit language in a wide range of
relevant societal circumstances - circumstances such as:
in the courts;
in government offices, both at the service counters and around the coffee
pot;
on radio and TV, and in high-tech communications;
I
in the classroom;
What about the relationship between knowledge of the Inuit language and
public sector employment? Should knowledge of the Inuit language be a
pre-condition to employment? To getting certain kinds of jobs? Target
percentages of various job categories? By certain dates? What about
guarantees to existing workers for continued employment or access to
language training?
What will be the objectives of the school system with respect to learning
languages? That every high school graduate have a minimum facility in at
least one official language? More than one language? Be comfortably
bilingual? What about multilingualism?
What about the Inuit language and the air waves? Should all residents of
Nunavut have access to minimum levels of Inuit language broadcasting?
What about language policy and the private sector? For example, the
Republic of Ireland has policies promoting the Irish language as an official
language but has avoided government intrusion into the language of
business; in contrast, the Government of Quebec has introduced a succession
of measures aimed at presenting a "French face" to commercial activities in
Quebec. Whither Nunavut?
What is the relative priority of language issues in the competition for tight
public sector dollars? How much is the public willing to spend?
There are many things that need to be accomplished in order to assist in the
development of a coherent set of language policies for Nunavut. From the
perspective of the NIC, however, one thing stands out above all the others: there is a
central, irreducible need to obtain a clear picture, having broad public understanding
and support, about where language figures in the kind of Nunavut society that
Nunavut's citizens want to build.
Recommendation #I 0-1
The NIC recommends that the three parties to the Nunavut Political Accord,
with the assistance of the NIC, jointly convene, in the second half of 1997, a special
Developing a Language Policy for Nunavut Conference, as a necessary
step in pulling together an adequate societal consensus on the place of language
in the future of Nunavut, with particular attention to the preservation and promotion
of the Inuit language. Such a conference should be organized so as to identify and
evaluate critical choices in defining an appropriate set of language policies for
Nunavut, mindful of practical limiting factors such as tight public sector finances.
The conference should be planned with a view to maximizing public participation,
actively engaging the variety of Nunavut organizations that have a focus on social
and cultural issues. The conference should be made aware of efforts mounted, and
experience gained, in relation to the development of language policy in other parts
of Canada and of the world.
There has been an evolution in thinking about the importance of the Office of
the Interim Commissioner. At the time of the enactment of the Nunavut Act, there
was a widespread assumption that the Office of the Interim Commissioner would be
filled in the immediate run-up to April 1, 1999, and that the Interim Commissioner
would confine his or her activities to a fairly narrow range of technical and
administrative tasks. With the passage of time, there has been a growing awareness
that the Office of the Interim Commissioner will be a very important one in the
syccessful creation of the Nunavut Government. This importance stems from a
simple fact: in the period prior to April 1, 1999, the Interim Commissioner will be
the only person holding a public office who will be able to speak with authority -
that is, to enter into binding legal arrangements - in the name of Nunavut. This is,
of course, no minor, mechanical duty. Rather, it is a statutorily sanctioned role that
carries with it a very high level of public expectation and trust.
that written directions that the Act allows the Minister of DIAND to give to
the Interim Commissioner be developed in consultation with the GNWT,
NTI and the NIC (Recommendation #12-4);
that the Interim Commissioner carry out his or her work in consultation
with a member of the NWT Legislative Assembly representing the
"Nunavut Caucus," the President of NTI, and the Chairperson of the NIC
(Recommendation #12-5); and,
"... the terms of reference and draft instructions for the Interim Commissioner
be consistent with the recognition of the GNWT as the democratically elected
and responsible government for the whole of the NWT until April 1,1999 and
that political decisions continue to be made by elected representatives."
(page 20)
The GNWT report was released following the agreement made in March, 1996,
to set up a multi-party Co-ordinating Committee of Officials on Nunavut (CCON);
thus, the GNWT report was able to build on CCON as an appropriate reference point
for focusing multi-party collaboration on matters concerning the Interim
Commissioner.
"Footprints 2" - pg. 211
Appointment
The Interim Commissioner will occupy an important position that carries with
it a significant amount of autonomy and discretion. In exercising such autonomy
and discretion, the Interim Commissioner should focus on the practical,
administrative tasks necessary to ensure that the creation of the Nunavut
Government is brought about as smoothly as possible. The Office of the Interim
Commissioner is not political in nature.
Directions
The Nunavut Act permits the Minister of DIAND to issue written directions to
the Interim Commissioner and the Interim Commissioner must act in accordance
with any such directions. There is a need for an initial set of directions to be issued
to the Interim Commissioner that contain a number of agreed-upon principles.
Subsequent Directions
Qualifications
The GNWT and NTI, with the assistance of the NIC, will assist the
Government of Canada in the development of draft directions for the Interim
Commissioner. The CCON will provide a forum with respect to the drafting of
initial and subsequent directions.
The Government of Canada, GNWT and NTI will take part in discussions as to
what individuals should be considered on any "short list" for selection as Interim
Commissioner and who should ultimately be offered the position. The CCON will
undertake to define a recruitment process and timeline.
"Footprints 2" - pg. 213
Job Description
The CCON will take the lead in developing a job description for the Interim
Commissioner.
Staff Requirements
The costs of the Office of the Interim Commissioner are incremental costs
flowing from division and will be b o n e by the Government of Canada.
The Office of the Interim Commissioner will participate in the work of the
CCON on the same basis as the NIC (i.e. decision making reserved to the three
parties to the Nunavut Political Accord; full participation in all other respects).
in competition with
in competition w i t h
I
in competition w i t h
and,
the desirability of providing the first elected legislators and ministers of the
Nunavut Legislative Assembly and government with a "free hand" in the
make-up of the senior ranks of the Nunavut public service
in competition w i t h
The Office of the Interim Commissioner is a position that has been created by
Parliament through the provisions of the Nunavut Act. Parliament has equipped
the office with a power not vested in any other public official: namely, the power to
enter into binding agreements, and make other important commitments, in the
name of and on behalf of the Nunavut Government. The power to enter into
binding agreements extends to such key matters as the contracting of personnel, the
conclusion of intergovernmental service delivery and funding agreements, and the
division of assets and liabilities between Nunavut and the GNWT. Given the
importance of the role to be played by the Interim Commissioner, it is essential that
the Interim Commissioner be a highly qualified individual who can be relied upon
to act with credibility, vigour and creativity. The critical nature of the work of the
Interim Commissioner, and the need to obtain a high level of confidence in the
integrity, credibility, and independence of the office, has been underscored by the
efforts of the three parties to the Nunavut Political Accord to secure consensus on
the process for selecting an Interim Commissioner and in the choice of the most
suitable candidate.
It must also be remembered, that the Office of the Interim Commissioner has
not been designed to operate at cross purposes with the will of elected
representatives working at the federal, territorial and Inuit organization levels.
General democratic principles subordinating the power of appointed officials to
elected representatives are manifest in that feature of the Nunavut Act (subsection
71(2)) that permits the Minister of DIAND to give directions to the Interim
Commissioner. Similarly, the Nunavut Act (section 73) places specific limitations
on the power of the Interim Commissioner to enter into certain classes of
agreements without the consent of the Governor in Council or to bind the
Government of Nunavut with respect to certain matters beyond prescribed time
periods. The job description of the Interim Commissioner, as developed by the
CCON, is also indicative of a shared preference to have the Office of the Interim
Commissioner focus on practical, administrative issues and, insofar as possible, to
avoid sensitive topics of a partisan nature.
In "Footprints", the NIC gave considerable weight, both in the narrative of its
discussion and in resulting recommendations, to the need for a high level of inter-
organizational co-operation involving the Government of Canada, the GNWT, NTI
and itself. The NIC also foresaw the need for the Office of the Interim
Commissioner to be directly plugged into mechanisms for multi-organizational co-
operation. In their various responses and activities in the period following
"Footprints", the three parties to the Nunavut Political Accord have revealed their
"Footprints 2" - pg. 216
collective desire for a high level of multi-party co-operation. This has been apparent
in the periodic meetings of leaders at the political level and in the creation of a
standing committee at the officials' level.
As set out in the Nunavut Act, the mandate of the Office of the Interim
Commissioner is specific and time-limited. The office disappears with the
appointment of Nunavut's first Commissioner on or around April 1, 1999. The job
of the office is to facilitate, in various practical ways, the creation of the Nunavut, by
sorting out, on behalf of its nascent government, a number of key administrative, -
personnel, financial and legal issues of a transitional nature. The Nunavut Act
makes it clear that the Interim Commissioner's ability to bind the Nunavut
m
Government in the post-April, 1999 world to various intergovernmental
agreements will be restricted.
Given the transitional nature of the Office of the Interim Commissioner itself,
there is a logical tendency to see the work performed by the office in the same light;
that is, as focused as possible on immediate and short term tasks. While this logic
may play out to good practical effect in relation to many issues, there is a balancing
argument in an opposite direction. According to this argument, it is imperative that
the Office of the Interim Commissioner approach the carrying out of its work with a
conscious effort to safeguard and promote the long-term interests of Nunavut. At
least two reasons can be recited in support of this argument. The first is that in
protecting the interests of an organism of indeterminate life such as the Nunavut
Government, intelligent decision making in the short term requires an appreciation
of longer term circumstances and challenges (this reason may be self-evident to all
those who are mindful of the crisis in longer term public finances in Canada
triggered by short term decisions made in the 1970s and 1980s). The second reason is
that the creation of a new Nunavut Government on April 1, 1999, will bring with it,
by its very nature and with the best of planning and preparations, a significant
"Footprints 2" - pg. 217
amount of disruption and scrambling. Who will the senior hamlet administrator
telephone if the cheque underwriting municipal services doesn't arrive from the
"head office"? Who will a provincial premier's office contact in order to talk about
an upcoming premiers' conference? The questions can be endless. With a
predictable level of disruption and scrambling - peaking and, one hopes, rapidly
subsiding after start-up date - it may be advantageous for the Office of the Interim
Commissioner to have struck arrangements in relation to many topics that do not
need to be revisited in the immediate post-division life of the new government.
It is possible to look at the issue of senior staff in a different light. The Interim
Commissioner will naturally want to get the best possible people to come to work
for his or her office. Will it be difficult to recruit the best possible people to work for
the office if there are no assurances as to work offers or opportunities in the period
after April 1, 1999? It can be argued that the Office of the Interim Commissioner will
be most effective if it is conceived and organized so as to place senior staff members
in charge of work portfolios that conform to the allocation of responsibilities among
incumbent deputy minister working for the GNWT. There would be obvious
advantages in terms of familiarity with the files, and continuity of effort, if the
Office of the Interim Commissioner were to be set up in this way.
The need for such policy directions is most apparent in relation to the
overall policy environment, the design of the Nunavut Government,
personnel issues relating to the staffing up of the Nunavut Government,
division of assets and liabilities between Nunavut and the NWT, and on-
going funding of the Nunavut Government.
I
Insofar as it does not prove possible to develop broad, but clear policy
directions for the Interim Commissioner on a consensual basis among the
three parties, then the Minister of DIAND - in keeping with overall
constitutional responsibilities and in exercise of powers under the Nunavut
Act - should nevertheless supply such directions in relation to relevant
topics on a timely basis.
The most appropriate time for the supply of policy directions to the Interim
Commissioner by the three parties is in the early life of the Office of the
Interim Commissioner. Accordingly, the three parties should make every
effort to develop and deliver appropriate directions before the end of 1996,
and allow the Interim Commissioner to rely confidently on those directions,
in unamended form, for the balance of his or her mandate.
Notwithstanding the last point, the three parties should make every effort to
respond promptly and precisely to any request for further policy directions
initiated by the Interim Commissioner at any time in his or her mandate.
has considered the kind of relationship that should exist between the NIC and the
Office of the Interim Commissioner.
The mandates of the two bodies are connected but distinct. While each has a
statutory mandate to help prepare for the start-up of the Nunavut Government, the
NIC's job is an advisory one: to provide advice to the three parties to the Nunavut
Political Accord on the establishment of the Nunavut Government, including such
things as the administrative design of the Nunavut Government, the first Nunavut
Legislative Assembly elections, training and infrastructure needs, program and
service delivery arrangements. The job of the Interim Commissioner is executive
and managerial: to hire personnel for the Nunavut Government, to conclude
agreements on dividing up assets and liabilities, on intergovernmental financial
transfers, and the like.
While the mandates of the NIC and the Office of the Interim Commissioner
are conceptually distinct, there is every incentive - given limited resources of
money and personnel and limited time in which to apply them to good effect - to
ensure a high degree of co-ordination in their efforts. It is particularly important
that the kind of research and policy analysis work that needs to be conducted across a
variety of topics is distributed so as to avoid doubling up. To some extent, the form
and substance of co-operation will turn on who is chosen as Interim Commissioner
and how the Office of the Interim Commissioner is organized and staffed; it would
be unhelpful to pre-suppose in any detail the kind of co-operative arrangements
that might be satisfactory to the Office of the Interim Commissioner prior to that
office finding its own voice. Notwithstanding the need to avoid being prematurely
prescriptive in setting out inter-organizational arrangements, the need for a rational
allocation of work between the office and the NIC is self-evident.
Perhaps somewhat less self-evident is the likelihood that the breadth and
depth of further research and policy analysis work between now and April 1,1999,
will turn very much on two factors:
the extent to which an early and sustained consensus among the three
parties to the Nunavut Political Accord, expressed through timely and
succinct policy directions to the Interim Commissar, allows the Office of the
Interim Commissioner to move forward purposefully in the conversion of
well-defined objectives into concrete administrative and financial
commitments - job offers made, debts and assets assigned and secured,
access to out-of-Nunavut hospitals and other institutions in the post-
division period confirmed, federal financial transfers worked through, etc.;
and,
above and beyond the timeliness and succinctness of its policy directions, the
extent to which the Office of the Interim Commissioner is able to tackle
simultaneously the myriad - and, in many respects, still unknown and
unquantifiable - bits of administrative and financial minutiae that will need
"Foot~rints2" - oa. 220
If these factors play out in such a way as to make the work of the Office of the
Interim Commissioner significantly more predictable and manageable than would
be feared in a worst case scenario, then the work of the NIC might usefully focus on
some of the "fine tuning" of administrative design and other matters that fall
within its general mandate (e.g. the design of Cabinet level and inter-departmental
committees and other mechanisms to assist in the smooth operations of Nunavut
Government machinery). In this kind of atmosphere, the work of the NIC might
even extend to areas where the Nunavut Government would be ideally equipped
with some broad "think pieces" as to the further evolution of government program
and service design and delivery in the early post-division period (e.g. a set of
implementation options for the encouragement of expanded use of the Inuit
language in government offices over time).
It is also, of course, conceivable that the struggle to complete all the tasks
necessary for the successful launch of the Nunavut Government will prove, for any
number of foreseeable and unforeseeable reasons, to be far more daunting and
exhausting than hoped. In a worst case scenario, the Office of the Interim
Commissioner would be particularly vulnerable to being overwhelmed by a list of
tasks all shouting for immediate attention and action. In this kind of situation, the
desirability of completing many of the research and policy analysis topics taken up
by the NIC in a more optimistic outlook might have to be seen in a harsher light. In
"all hands on deck" circumstances, the best overall results might be promoted by
putting the NIC's resources more directly behind the completion of essential tasks
being juggled by the Office of the Interim Commissioner. This could take a number
of forms, including the seconding of staff and even, assuming a high degree of
mutual understanding, the transferring or otherwise re-profiling of financial
support from the NIC to the Office of the Interim Commissioner.
Based on the above discussion, the NIC makes the following recommendations
with respect to the Interim Commissioner and Office of the Interim Commissioner.
Recommendation #I 1-1
The NIC recommends that work towards the establishment of the Office of the
Interim Commissioner, and the process for recruitment of the Interim Commissioner,
proceed on the basis of the multi-organizational consensus that has emerged to
date.
"Footprints 2" - pg. 221
Recommendation #I 1-2
Recommendation #I 1-3
division of assets and liabilities between Nunavut and the NWT; and,
Recommendation #I 1-4
The NIC recommends that the policy directions supplied to the lnterim
Commissioner with respect to the matters identified in Recommendation # I 1-3 be
based on the substantive recommendations set out in relevant parts of this report,
as may be modified by a consensus among the three parties to the Nunavut
Political Accord.
"Footprints 2" - pg. 222
Recommendation #11-5
The NIC recommends that, following the supply to the lnterim Commissioner of
policy directions described in Recommendation #I 1-2, further policy directions be
supplied to the lnterim Commissioner in the period leading up to April 1, 1999, only
in the event of:
Recommendation #11-6
The NIC recommends that, insofar as it does not prove possible to develop broad,
but clear policy directions to the lnterim Commissioner on a consensus basis
among the three parties to the Nunavut Political Accord, the Minister of DlAND
- in keeping with the Government of Canada's overall constitutional responsibilities
and in exercise of powers under the Nunavut Act - supply such directions in
relation to relevant topics on a timely basis.
Recommendation #11-7
The NIC recommends that, insofar as policy directions are supplied to the lnterim
Commissioner by the Minister of DlAND on behalf of the Government of Canada on
any particular topic without the support of the GNWT and NTI, then such policy
directions should be confined to very broadly stated points; the lnterim
Commissioner should be left with wide latitude in the practical interpretation and
application of such broadly stated points.
Recommendation #11-8
The NIC recommends that, as soon as practicable upon his or her appointment, the
lnterim Commissioner enter into discussions with the NIC with a view to reaching
agreement on inter-organizational collaboration in general and a logical distribution
of research and policy analysis work in particular. The NIC further recommends that
discussions of this kind be renewed from time to time, as circumstances suggest,
over the period up to April 1, 1999.
"Footprints 2" - pg. 223
Recommendation #11-9
Recommendation #11-10
The NIC recommends that, in the event that the NIC and the Office of the Interim
Commissioner reach an agreement on best use of combined human and financial
resources, that the Government of Canada take any reasonable measures needed
- such as the amendment of contribution agreements or the securing of Treasury
Board consent - to accommodate such an agreement.
The NIC has, throughout its organizational life to date, devoted considerable
attention to issues associated with the design of the Nunavut Legislative Assembly.
Some aspects of these issues have been inescapable components of the nuts and
bolts of government operations - the need to work out the design details, personnel
implications, and financial repercussions of a particular size of Assembly. Should
"X" number of MLAs be elected, requiring "Y" amount of staff support, generating
"Z" amount of costs?
In addition to mechanical matters, the NIC has probed into more fundamental
questions of how a Nunavut Legislative Assembly should be organized to be both
fully attuned to a distinct and rapidly evolving society - that is, as "representative"
as possible - and suitable to performing necessary legislative and executive tasks
with a well developed capacity for focus and efficiency - that is, as "efficient" as
possible. Two issues in particular have struck a chord both inside the NIC and with
the Nunavut public - and, indeed, have obtained some attention in other parts of
Canada. These two issues are the possibility of designing constituencies and defining
electoral rules so as to guarantee the election of equal numbers of men and women,
and the possibility of instituting changes to the conventional model of Westminster
style democracy in Canada so as to provide for the direct election of the Premier
(Government Leader).
"Footprints 2" - pg. 224
The NIC has been balancing the urgency of going forward with the
development and tendering of the advice contained in this report with respect to
the overall design of the Nunavut Government and other important topics with
the need to advance specific recommendations concerning what kind of
innovations, if any, should be instituted with respect to how MLAs and the Premier
of Nunavut are selected. The solution adopted by the NIC has been to put forward
this report as soon as possible, and to follow its release with stand-alone advice on
the selection of MLAs and of the Premier, and on related issues, as soon as
practicable thereafter. It is the NIC's plan to tender such advice before the end of
1996.
the need to anticipate the division of the NWT by developing two sets of
statutory materials suitable for adoption and use in Nunavut and in the
NWT (or whatever new name may come to be applied to the western part of
the existing NWT); the statutory materials for Nunavut would be purged of
otiose references to matters specific to the western part, and the statutory
I
materials prepared for the western part would be purged of otiose references
to matters specific to Nunavut;
the need to ensure that, to the maximum extent practicable, the statutory
materials applying to Nunavut are available in an Inuit language version
on April 1, 1999; and,
the need to ensure that statutory materials relevant to Nunavut are in full
compatibility with the provisions of the Nunavut Agreement.
As a primary, but not exclusive, mechanism for meeting these needs, the NIC
recommended that the NWT Legislative Assembly enact legislation establishing an
Office of the Statute Review Commissioner and that the federal government
finance the reasonable costs of such an office as a transitional cost of creating
Nunavut.
The NIC is pleased that, in the period between the release of "Footprints" and
the completion of this report, measurable progress has been made in addressing
matters of legislative revision. Such progress has taken the form of the enactment of
a Statute Revision Act by the NWT Legislature in June of 1996. The enactment of
the statute, combined with the supply of funding for the Office of the Statute
Review Commissioner through a funding agreement with DIAND, will permit the
commencement of necessary statutory revision work.
While the enactment of the Statute Revision Act is a welcome initiative, the
statute does not provide a clear solution to all the issues of statute revision. From
the perspective of the NIC, there are a number of further issues that should be dealt
with.
"Footprints 2" - pg. 226
The first issue involves work priorities. The Statute Revision Act is open to
different interpretations as to whether work on statutory materials for Nunavut and
the western part of the NWT will be given equal priority of attention (some might
argue that, since the impetus for currently contemplated statute revision work is the
creation of Nunavut, then the preparation of Nunavut statutory materials should
be given clear priority of attention; the NIC takes the view that the development of
orderly law books for both Nunavut and the post-division NWT have equally good
rationale). NTI identified this problem of unclear interpretation in a May 27, 1996,
letter to the NWT Minister of Justice, when the Act was still in draft form:
"It is not clear from a reading of the Bill that the work of the Statute Review
Commission with respect to preparing a Statute Roll under Part I and a Statute
Roll under Part I1 will proceed concurrently. In fact, the wording of section 29
suggests that the legislative base for the development of the Statutes of
Nunavut will be the Revised Statutes of the Northwest Territories, 1998, rather
that the Revised Statutes of the Northwest Territories, 1988. Similarly,
references in Part I1 to the Commissioner of Nunavut (s. 30) give the
impression that the process of consolidation and revision of the Statutes of the
Northwest Territories to adapt them for use in Nunavut is not expected to be
completed prior to April 1,1999. Because the Act appears to contemplate a two-
stage process, the western portion of the NWT remaining after April 1,1999
will have a revised and consolidated set of Statutes that come into effect on
April 1,1999 but the legislative base for territorial law in Nunavut would
continue to be the (unrevised) Revised Statutes of the Northwest Territories,
1988 until such time as the process of adapting NWT laws for Nunavut has
been completed."
The NIC believes that, while it is unfortunate that this suggested amendment
was not incorporated into the Statute Revision Act at a draft stage, that the GNWT
"Footprints 2" - pg. 227
should introduce into the NWT Legislative Assembly legislative changes to the Act
that would embody the substance of the suggested amendment relating to
concurrent priorities.
NTI made a number of other suggested changes to the Statute Revision Act
when it was in bill form.
NTI proposed that the Act include a provision directing the NWT Minister of
Justice to consult with NTI, and with appropriate representatives of Dene, Metis and
Inuvialuit organizations, prior to appointing a Statute Review Commissioner. The
NIC concurs with the desirability of such consultation.
The Statute Revision Act allows for the preparation of an Inuit language
version of the statutory materials to be used in Nunavut. The practical limitation
on the extent to which an Inuit language version of Nunavut's statutory materials
is developed in advance of April 1, 1999, will be determined primarily on the kind
of human and financial resources invested in the effort. A contribution agreement
cqncluded between the Government of Canada and the GNWT to underwrite the
cost of the Office of the Statute Review Commissioner must devote priority to
preparation of Inuit language materials. It may not be possible, given limitations of
time and qualified personnel, to contemplate a complete set of statutes to be
available in an Inuit language version form by April 1, 1999; it is important,
however, that
all key statutes and regulations are made available in an Inuit language
version; and,
NTI proposed that the Act include an obligation for the Statute Review
Commissioner to "consult from time to time with the parties to the Nunavut
Political Accord on progress made" in relation to such work. The NIC concurs with
the intent of this proposal.
"A third issue associated with the topic of legislative revision is the need to
ensure that the statutes and regulations pertaining to Nunavut are in full
compatibility with the provisions of the Nunavut Agreement. For example,
Article 5 of the Nunavut Agreement establishes an entire new regime of
"Footprints 2" - pg. 228
wildlife rights and wildlife management in the Nunavut area. For the sake of
legislative clarity, existing federal and territorial laws relevant to the Nunavut
area should be thoroughly reviewed and, to the extent necessary, amendments
developed to bring such laws into line with the Nunavut Agreement. NTI
should, of course, be involved in such work. Ideally, the completion of this set
of tasks should take place as soon as possible, and the GNWT Department of
Renewable Resources has begun work in this regard, but in any event this
work should not be a task that the Nunavut Legislative Assembly has to deal
with at length."
It is now more than three years since the Nunavut Agreement came into force.
Even though the federal Cabinet, in approving the Nunavut Agreement, apparently
made moneys available to government departments, including GNWT
departments, for the updating of the statute books to reflect the agreement, little if
any progress appears to have been made. This lack of progress has contributed in no
small way to widespread confusion in the minds of members of the Nunavut public
as to the state of law, particularly in relation to wildlife. The confusion appeared to
have'been evident in the well publicized charges laid in January, 1995, (and recently
dropped) against a number of Igloolik hunters, for killing an ailing bowhead whale
and distributing the resulting country food among members of the community.
Keeping the law books tidy may strike some observers as more a lawyer's
obsession than an average person's concern. It is necessary, however, to see the issue
in context. The project of creating Nunavut has been all about making politics and
government closer to home. In a contemporary societal context, making politics and
government closer to home entails making fundamental laws more intelligible.
Section 29 of the Nunavut Act stipulates that "laws in force in the Northwest
Territories" at the time of the coming into existence of Nunavut shall "continue to
be in force in Nunavut, in so far as they are not thereafter repealed, amended or
rendered inoperable in respect of Nunavut." This section eliminates the possibility
of a "legal vacuum" existing in Nunavut; it may not, however, be adequate, in and
of itself, to resolve satisfactorily and on a timely basis all questions that arise with
respect to the legal impact of creating a new jurisdiction out of a predecessor one.
I
Apart from section 29 (and, in a minor way, section 30), the Nunavut Act does
not offer additional provisions regarding matters of legal continuity. For example,
the Act does not provide explicit direction that all permits, licenses, and similar
kinds of legal authorizations - e.g. authorizations in relation to sports lodges - that
were granted under NWT laws prior to April 1,1999, and applicable to Nunavut,
would subsist in undiminished force with respect to the newly established
jurisdiction of Nunavut. This absence of explicit direction contrasts with the kind of
statutory language often encountered when a later statute redefines the legislative
regime organized under a pre-existing statute; by way of illustration, the following
provision appears in the Northwest Territories Water Act:
"46. (1) Licences relating to the Northwest Territories that were in force under
the Northern Inland Waters Act immediately before the coming into
force of this Act continue in force thereafter as if they has been issued
in accordance with this Act."
An example can be used to illustrate this last point. How will the professional
qualifications and accreditation of lawyers be determined, and the practice of law be
governed, in the wake of division. At the moment there is a statutorily created Law
Society of the Northwest Territories. Under section 29 of the Nunavut Act, would
this body corporate continue to have undiminished authority with respect to
governing the legal profession in both Nunavut and the NWT in the period
immediately following April 1, 1999? Would all members of the Law Society of the
Northwest Territories be automatically qualified to practice law in both Nunavut
and the truncated NWT, at least until some post-division legislative initiative came
into force in Nunavut or the NWT? Practical questions concerning the implications
of division for the organization of the legal profession in the existing NWT have
already resulted (November, 1995) in the development of a joint report of the
Nunavut Bar Association and the Law Society of the Northwest Territories
recommending steps whereby a joint law society for Nunavut and the remaining I
NWT could be set up, at least on an interim basis, for the period following April 1,
1999.
One technique would involve the use of the Office of the Statute Review
Commissioner to develop legislative proposals that would allow the Legislature
of Nunavut - and possibly of the post-division NWT - to adopt, at the earliest
possible opportunity, legislative measures that would provide explicitly for the
sustained validity of privileges granted under territorial legislation in the period
prior to April 1, 1999, and for continuity in relation to matters of occupational
qualification and regulation. A number of problems exist with this approach. There
would be a gap of at least some duration between the coming into existence of
Nunavut and the coming into force of any such legislative measures. The Statute
Review Commissioner might argue, on logical and convincing grounds, that topics
such as the future organization of occupations in Nunavut and the NWT involve
substantive policy choices that go beyond the role normally reserved to a statute
review exercise. Perhaps most importantly, there would be no great level of comfort
offered prior to division, for example, to those people who are worried that the
occasion of division may have negative implications for how they make their
livings.
two largely or completely autonomous wings in the Nunavut and western parts of
the NWT. Such an approach might be of limited assistance, however. First of all,
while the NWT Legislature might have the capacity to minimize such transitional
problems by introducing a geographic split in the organization and regulation of
occupations, the first preferences of many people who are currently working within
occupations in the NWT - witness the recent report done for the lawyers' governing
society - would appear to be in the direction of avoiding or postponing splits, rather
than precipitating them, e.g. ensuring that people who are qualified to teach
anywhere in the existing NWT will not have to "requalify" to teach in Nunavut.
Secondly, it would not be appropriate - and, in all probability, legally valid - for the
existing Legislative Assembly to attempt to adopt legislative measures aimed
primarily at dealing, directly or indirectly, with affairs in post-1999 Nunavut.
A final technique for dealing with these issues would be to amend the
Nunavut Act to include provisions that would do a number of things:
provide that the governing body of any NWT-wide profession or trade - e.g.
the Law Society of the Northwest Territories - in existence immediately
prior to April 1, 1999, would, at least on an interim basis, remain the
governing body of that occupation in Nunavut;
ensure adequate flexibility exists with respect to the orderly "turning over"
of rights and obligations from the GNWT to the Nunavut Agreement with
respect to a variety of multi-year contracts involving the supply of goods and
services in the Nunavut area.
Preserving the status quo with respect to occupations for an interim period
would not, of course, compel Nunavut legislators to change substantive matters in
relation to occupational qualifications, accreditation and regulation. It would,
however, oblige Nunavut legislators to at least consider such issues within a
stipulated time-frame. From the NIC's perspective, two years would be a reasonable
"interim period," representing a balancing of the need to provide individuals
involved in occupations with a certain amount of predictability in planning their
"Footprints 2" - pg. 233
work and personal lives while recognizing the role of the Nunavut Legislature in
contemplating changes advantageous for Nunavut.
Section 29 is not the only provision of the Nunavut Act that might be usefully
re-examined to determine whether the Act provides a requisite combination of
flexibility and clarity in relation to the establishment of Nunavut. There are other
areas where some legislative revisions might be entertained. One example is in
relation to the mechanics of organizing the first election of the Nunavut Legislative
Assembly; it would be most unfortunate if the existing inter-play of the provisions
of the Nunavut Act and of the NWT's elections laws were effectively to prohibit the
enumeration of Nunavut voters until after April 1, 1999, thereby imposing a
considerable delay in the holding of the first Nunavut elections. Similarly, the
wording of paragraph 73(l)(a)of the Nunavut Act might prove unduly narrow in
relation to the power of the Interim Commissioner to enter into creative
intergovernmental agreements with the GNWT about transitional arrangements
for the performance of certain functions of government (for example, various
regulatory functions).
Recommendation #11-11
The NIC recommends that the NWT Minister of Justice introduce into the NWT
Legislative Assembly amendments to the Statute Revision Act which would:
2. provide that the Statute Review Commissioner consult from time to time
with NTI as to the progress on work towards the preparation of a separate
body of revised and consolidated statute law for Nunavut.
"Footprints 2" - pg. 234
Recommendation #11-12
The NIC recommends that representatives of NTI and of Dene, Metis and lnuvialuit
organizations be consulted as to the selection of a Statute Review Commissioner.
Recommendation # I 1-13
The NIC recommends that the work of the Office of the Statute Review
Commissioner, as reflected in such things as contribution agreements entered into
by the Government of Canada and the GNWT to underwrite the cost of the office, be
organized to ensure that:
1. all key statutes and regulations are available in lnuit language versions
on April 1, 1999; and,
Recommendation #11-14
Recommendation #11-15
The NIC recommends that the GNWT and Government of Canada make every
effort, including the allocation of appropriate human and financial resources, to
ensure that federal and territorial laws are revised on a priority basis to conform to
the provisions of the Nunavut Agreement. This effort is particularly overdue in
relation to wildlife management.
"Footprints 2" - pg. 235
Recommendation #11-16
The NIC recommends that, under the sponsorship of the CCON, and with
appropriate consultation with the representatives of occupations in the NWT, a
special working group be constituted to examine the substance and form of any
legislative and related measures that could be adopted so as to:
5. ensure a smooth and timely process for the conducting of first elections
to the Nunavut Legislative Assembly.
This working group should, specifically, examine the need for relevant amendments
1 to the Nunavut Act.
"Footprints 2" - pg. 236
-
Recommendation #I 1-1 7
The NIC recommends that the appropriate symbols, notably a coat of arms and
flag, be developed for Nunavut consistent with the following points:
4. the process for developing symbols should draw upon the artistic
talents of the people of Nunavut and be informed as to their aesthetic
preferences; ideas and opinions from the people of Nunavut should be
actively solicited.
Recommendation #12-11
The NIC and the Office of the Chief Herald should continue to co-operate in
the development of symbols for Nunavut. DIAND, the GNWT, and NTI
should be advised as to progress in this regard, and no application for official
"Footprints 2" - pg. 237
status for such symbols should be initiated without further consultation with
them."
The NIC and the Office of the Chief Herald have commenced discussions
concerning the adoption of symbols for Nunavut and the parties to the Nunavut
Political Accord have not indicated any dissatisfaction with the process suggested in
these recommendations. The NIC proposes to proceed along the lines suggested in
its earlier report.
Recommendation #11-18
The NIC recommends that the NIC and the Office of the Chief Herald continue to
co-operate in the development of official symbols for Nunavut along the lines set out
the NIC's earlier "Footprints" report.
These constitutional changes flow from the logic associated with the creation of
Nunavut as a new territory and the underlying premise of minimum
representation in the two houses of Parliament for each province and territory;
accordingly, they should be understood to be essentially "good housekeeping''
amendments, not demands for substantive adjustments to the way in which
Canadian federalism operates. It is to be hoped that even those changes requiring a
requisite level of provincial support as set out in the amending formula to the
Constitution - such as changes to the Charter - can be approved well before April 1,
1999.
Recommendation #I 1-1 9
The NIC recommends that the Constitution Acts, 1867-1982, be amended to
make appropriate reference to Nunavut, specifically, to provide explicitly for the
appointment of one Senator and election of one member of the House of Commons
from each of Nunavut and the NWT, and for the application of the Canadian
Charter of Rights and Freedoms to the Legislature and Government of
Nunavut.
Recommendation #11-20
The NIC recommends that the Government of Canada, in concert with the GNWT,
communicate at the earliest opportunity with the provincial and Yukon governments:
social, economic and cultural well-being on the part of constituent elements and
individuals within Nunavut society.
In its work on justice issues to date, the NIC has been fortunate to have
attracted the active interest and co-operation of a variety of federal and territorial
government departments and agencies and non-governmental organizations, and
the people who work within them. Relevant information and insights have been
supplied to the NIC, specifically in such areas as the courts, policing, corrections, and
the criminal bar. These things have not only been promptly supplied; they have
been most often happily volunteered.
The NIC detects a widespread belief on the part of those who work in the
justice system on a day-to-day basis - particularly, the criminal justice component -
that the current system is not working well and that problems are growing at an
alarming rate. Even a quick look at justice statistics in Nunavut give ample cause
for such a belief; the Correctional Service of Canada, for example, advises that the
rate for violent crime in the NWT is already 5.7 times the national average, and that
in the 18 months prior to August, 1996, the number of Inuit offenders in custody or
on conditional release grew by 15%, well above anything attributable to population
increase.
It is with such considerations in mind that the NIC has focused on two things:
the need to institutionalize, even in informal and modest form, a cross-
organizational effort to think through how best to reform to the administration of
justice in Nunavut, especially its criminal justice component; and, the need to
identify those measures that can, even in advance of such cross-organizational
efforts, be built into setting up the justice system for Nunavut. The
recommendation that follows immediately below this introductory text deals with
the first need; the sections that follow, with the second.
"Footprints 2" - pg. 240
Recommendation #I 1-21
The NIC recommends that the Office of the Interim Commissioner, as soon as
practicable upon the recruitment of senior staff, convene an informal meeting of
those organizations active in the administration of justice in Nunavut (e.g., the
federal and territorial departments responsible for justice issues and correctional
services, the RCMP, the NWT Law Society, the Nunavut Bar Association,
Pauktuutit), with a view to instituting an appropriate cross-organizational
mechanism for the design of reforms to the administration of justice in Nunavut,
particularly its criminal justice component. The NIC recognizes and welcomes the
interest of the Nunavut Bar Association in the convening of a special Nunavut
justice conference, and recommends that the organization of such a conference
figure prominently on the agenda of the meeting.
(a) t h e Courts
In its report, Working Toward 1999, the GNWT stated the following position:
"At the present time there are no resident judges of the Supreme Court of the
Northwest Territories in the Nunavut region and there is only one resident
judge of the Territorial Court. The GNWT takes the position that it will be
essential to have all issues associated with the resident courts for Nunavut ( ... )
addressed well in advance of April 1,1999 either by relocating sufficient level of
judicial and other related resources to the Nunavut region or by otherwise
making provision for such resources. Furthermore, the GNWT takes the
position that the incremental resources necessary to accomplish this objective
must be made available."
(page 15)
Calls for a unified court system have been accompanied by proposals that the
courts be reorganized to give better focus to particular types of justice problems in
society. For example, in a June, 1996, discussion paper entitled The Administration
of Justice, Pauktuutit stated the following:
"With respect to other design matters, there is very little work done in relation
to the court system as it applies to matters outside of criminal law such as
family and civil law. In other parts of Canada, there are new innovations
worthy of consideration such as the use of specialized courts to deal with
family violence (i.e. Winnipeg, now expanded to Brandon Manitoba). This
court began in 1990 and is mandated to handle first appearances, remands,
guilty pleas and trials for partner abuse, child abuse and elder abuse. The
rationale for the separate court was to provide a specialized response to victims
while dispensing with the cases in a timely fashion and being sensitive to the
unique circumstances of each offence.
The courts have been in operation for a sufficient period of time to allow for
the completion of very useful evaluations. Further review of these systems
and their evaluations is necessary. These approaches are attempting to be more
integrative and far reaching and require further exploration and consideration
in the context of Nunavut.
Recommendation #11-22
The NIC recommends that a resident judge of the Supreme Court of the Northwest
Territories be appointed for the Nunavut region as soon as possible, with the view
to having this same individual serve as a judge of the Supreme Court of Nunavut in
the period following April 1, 1999.
This appointment should be part of a larger effort on the part of the federal and
territorial governments to ensure that there is an adequately sized judiciary resident
in both Nunavut and the NWT after division.
Recommendation #11-23
The NIC supports in principle the "unification" of the court system in Nunavut as far
as practicable, and recommends that further work be carried out towards achieving
that end through the process suggested in Recommendation #11-21. Particular
attention should be given to enhancing community involvement and confidence in
the justice system and to addressing popular perceptions as to what parts of the
justice system (for example, family violence) warrant priority of attention and reform.
(b) Prosecutions
In its Working Toward 1999 report, the GNWT set out the following position:
"With respect to the Attorney General issue the GNWT takes the position that
sufficient prosecutorial resources to meet the representative needs of the
Nunavut must be transferred to the Nunavut Government and that the
responsibility for the prosecution function should then be transferred to the
Attorney General of Nunavut from the Attorney General of Canada or, if
applicable, from the Attorney General of the Northwest Territories."
(page 15)
"Footprints 2" - pg. 243
While the transfer of the prosecutorial function from the federal government
has been a long-standing preference of the GNWT, Pauktuutit has expressed
reservations about the desirability of doing so in advance of Nunavut and a more
fundamental reassessment of policy objectives to guide the prosecution of criminal
offenses. The NIC's general orientation is to favour the further devolution of
provincial-type responsibilities to the north, but would like to see the combined
expertise of the two senior levels of government and Pauktuutit brought further to
bear on how the transfer of the prosecution function would exactly be effected.
Recommendation #11-24
(c) Policing
As is the case in many parts of Canada, policing services in the NWT are
currently provided by the Royal Canadian Mounted Police (RCMP) pursuant to an
intergovernmental agreement concluded between the GNWT and the Solicitor
General of Canada (Northwest Territories Territorial Police Service Agreement).
This agreement deals with such things as chain of command, the size of the police
force supplied, emergency situations, and the sharing of costs. The agreement is very
similar to ones concluded by the federal government with other provincial/
territorial jurisdictions.
The RCMP has a long history in the north; indeed, a good deal of the popular
imagery of the RCMP in Canada is associated with the RCMP carrying out, often in
tenacious and imaginative ways, a variety of tasks, both law enforcement related
and administrative, associated with the exercise of Canadian sovereignty in the
north. Today, with the development of civilian administration, RCMP officers no
longer serve as all-purpose representatives of the Canadian state; at the same time,
many RCMP officers play a role in community life far in excess of shift duties
performed in parts of southern Canada.
There is no obligation that the GNWT rely on the RCMP for the provision of
police services in the NWT. The GNWT could, like the provinces of Qu6bec and
Ontario, establish a stand-alone territorial police force for that purpose. There are a
number of reasons it has chosen not to do so. First and foremost, no doubt, has been
the high regard in which the RCMP is held by members of the public. Other
"Footprints 2" - pg. 244
considerations can also be identified, among them the advantages in cost efficiency,
training, and career advancement opportunities associated with policing being
carried out under the organizational umbrella of a large, nation-wide force. There is
no active agitation in the NWT aimed at replacing the RCMP.
Consistent with the scheme of the Nunavut Act, the Interim Commissioner of
Nunavut will need to ensure continuity in the provision of police services in the
period following the coming into existence of Nunavut. From the perspective of the
NIC, the best way for ensuring the supply of such services on a professional and
reliable basis would be for the Interim Commissioner to conclude a police services
agreement on behalf of the Government of Nunavut with the Solicitor General of
Canada. It should be noted that, under section 72(3) of the Nunavut Act, such an
agreement will be subject to termination by the Government of Nunavut at the end
of the fiscal year following that which the notice is given (effectively, on notice of
between one and two years duration, depending on the date on which notice is
given).
The NIC has undertaken a process of discussion with the RCMP about the
posiibilities of the RCMP serving as Nunavut's police force, at least on a start-up
basis, and has received the indication that, consistent with its historic and
contemporary connections with the Nunavut area, the RCMP would welcome the
opportunity to serve as Nunavut's "police force of choice."
The RCMP has done considerable work carrying out its own internal
preparations towards division of the NWT, including the development of detailed
information concerning such things as the number of aboriginal officers in the
NWT area. This information reveals that, at the moment, only 9.7% of the total
number of RCMP members in the NWT are aboriginal. While this figure is higher
than a number of years ago, there is still a great deal of room for intensified
recruitment and training efforts in relation to Inuit participation. It should be noted
that, while the RCMP is not subject to the obligation imposed by the Nunavut
Agreement on most government departments to bring about "representative
levels" of Inuit employment, that agreement does deal with the need for continuing
policies aimed at the "recruitment, training and retention of Inuit" in the Force.
Based on the above discussion, the NIC recommends the following in relation
to police services:
"Footprints 2" - pg. 245
Recommendation #11-25
The NIC recommends that the Interim Commissioner of Nunavut enter into an
agreement with the Solicitor General of Canada resulting in the supply of police
services in Nunavut, at the time of its coming into existence, by the Royal Canadian
Mounted Police (RCMP).
-
Recommendation #11-26
The NIC recommends that the agreement for the supply of police services referred
to in Recommendation #I 1-25 set out specific and tangible measures for increasing
the number and seniority of Inuit members of the RCMP in Nunavut and throughout
Canada, consistent with the RCMP's internal needs with respect to the adequate
rotation of members.
I ,
At the present time, the Nunavut area does not possess a full range of
correctional facilities. Notably absent are facilities for the custody of prisoners who
have been convicted of the most serious offenses. As a result, many residents of
Nunavut convicted of crimes end up in the Yellowknife Correctional Centre or,
notwithstanding the impact of such initiatives as the federal/territorial program
allowing prisoners sentenced to federal terms (two years or more) to serve their
terms in territorial government facilities, in correctional facilities outside the north
altogether.
There are at least three different views commonly expressed in relation to the
absence of a complete set of correctional facilities in Nunavut.
One view - perhaps the most commonly held one - holds that the movement
of Inuit and other Nunavut prisoners to facilities outside Nunavut, by separating
offenders from family members and a familiar cultural context, severely redbces the
chances of successful rehabilitation. According to this thinking, the establishment of
a full range of correctional facilities in Nunavut would be highly desirable.
Another view holds that correctional facilities for serious offenders have been
so unsuccessful in their rehabilitation efforts that it is fortunate that Nunavut has
been spared their establishment. According to this thinking, the best way forward for
Nunavut is to avoid devoting hard-to-find dollars to prison facilities like those
found in other parts of Canada, and to concentrate on innovative custodial and
"Footprints 2" - pg. 246
rehabilitative programs that will achieve better results - for example, the use of
specially designed outpost camps or hostels within communities that devote
priority of attention to fostering a greater sense of cultural identity and personal self-
worth.
A third view emphasizes that the small size of Nunavut communities, and the
devastating impact on victims of having to confront victimizers on a frequent basis,
requires those convicted of serious offenses to be physically removed from familiar
surroundings for appreciable lengths of time. According to this approach, the
rehabilitative failures of prisons located outside Nunavut must not eclipse the
ability of victims in small communities to recover from the trauma of having their
rights to security of the person violated.
Each of these views can be argued with conviction and logic. None offers a
monopoly on insight. From the perspective of the NIC, the debate over the relative
merits of such views, and their consequences with respect to the allocation of
limited public funds, is both healthy and necessary in the development of a sensible
approach to corrections issues. It is, however, unlikely that the financial resources
avaiiable for Nunavut start-up will be such as to permit the investment of large
amounts of new dollars into correctional facilities and services. Financial resources
available for Nunavut start-up will be more than taxed by the timely supply of
essential office space and equipment, staff housing, municipal infrastructure,
telecommunications projects, and the like. Accordingly, any advice offered by the
NIC as to the most appropriate mix of investments between "hard" correctional
facilities and "soft" alternative services in the post-division period would, regardless
of its merits, be unlikely to attract a short-term allocation of significant new funds.
has given equal attention to addressing the inadequacy of the current penal
system. Over the past year, Pauktuutit has attempted to implement a pilot
project program for spousal assault offenders. This treatment program would
operate in Rankin Inlet, through the local friendship centre, [and] was designed
to address the root causes of the abusive and violent behaviour of the offenders
and assist them in learning to live a non-violent life. To do this, however,
there is a need for the community to invest itself in sending the same
consistent message of no tolerance for violence. As such, this pilot project
included a community development component directed at educating the
community about violence and how to take responsibility to address it, as well
as working with both the offenders and their partners, separately. In 1995,
-
Martha Flaherty [ed. note the President of Pauktuutit] presented this proposal
and the rationale behind it to the National Symposium on Aboriginal
Offenders. While there has been no response to this proposal by NTI or the
Territorial Government, the Federal Government is still interested ... It is a
useful example of the ways in which alternatives can be crafted that are
accountable to all members of the community while still addressing the needs
of the offenders."
(page 4)
From the NIC's perspective, this proposal for a pilot project warrants a clear
and sympathetic response.
Recommendation #I 1-27
The NIC recommends that the Office of the Interim Commissioner give early
attention to the conclusion of appropriate intergovernmental agreements
concerning the custody and rehabilitation of Nunavut offenders in the period
following April 1, 1999.
Recommendation #I 1-28
The NIC recommends that the appropriate funding agencies give early and
sympathetic response to the pilot program concerning spousal assault offenders in
Rankin Inlet proposed by Pauktuutit.
"Footprints 2" - pg. 248
As already noted in a preceding section, the Nunavut Bar Association and the
Law Society of the NWT have begun to examine implications of the creation of
Nunavut for the practice of law in Nunavut and western portions of the existing
NWT. A report prepared by a joint committee of the two organizations in
November, 1995, supported the concept, at least on an interim basis, of a joint single
law society to govern the members of the legal profession in both Nunavut and the
remaining NWT in the period following April 1, 1999.
There are good practical reasons for supporting the existence of a joint law
society in the period following division, largely flowing from the reality that there is
a relatively small number of lawyers currently in practice throughout the NWT and
a mere handful of members practising in Nunavut. Over time, particularly as young
Inuit from Nunavut graduate from law schools, the number of lawyers practising in
Nunavut will increase; at the outset, however, Nunavut will have only a very
smali bar. While theoretically possible, a stand-alone law society in Nunavut with
so few members could create problems of the following kind:
a very small choice in lawyers available to members of the public, and the
creation of barriers to obtaining legal advice in specialized areas of the law;
The "grandfathering" through of NWT laws into Nunavut would mean that,
especially in Nunavut's early years, lawyers currently practising law in the
Mackenzie Valley part of the NWT would be likely to have a sound understanding
of the territorial statutory underpinnings to the laws of Nunavut. Notwithstanding
a predictably high level of overlap in the initial sets of laws extant in Nunavut and
the remaining NWT, the November, 1995, joint report of the Nunavut Bar
Association and the Law Society of the NWT identified a number of safeguards - for
"Footprints 2" - pg. 249
both the public and members of the profession - that would logically be attached to
the operation of a single law society in the form of changes to legislation and
relevant corporate rules. These would ensure that:
any member practising in both Nunavut and the remaining NWT would
be qualified and conversant in the bodies of law in effect in both
territories;
These safeguards for the public and for members of the legal profession are
sensible ones.
From the perspective of the NIC, there are two further considerations that
should be mentioned with respect to arrangements for the operation of single law
society, at least on an interim basis, for Nunavut and the remaining NWT in the
period following the creation of division.
The first consideration is that use of a single law society to govern members of
the legal profession in the two post-division territories should be based on the active
support of a majority of lawyers in both the Nunavut and western portions of the
existing NWT.
Recommendation #11-29
The NIC recommends that, at least on an interim basis following April 1, 1999, a
single law society be used to govern the members of the legal profession in both
Nunavut and the remaining NWT. Use of a single law society should be contingent
on:
Work associated with the impact of the creation of Nunavut for the future of the legal
profession should take place in the context of the wider question of how Nunavut
will affect matters of occupational qualifications, accreditation and regulation (see
Reaommendation #11-16).
shared language and well established and defended cultural traditions, are
the cement of well functioning and productive societies.
Responses by the three parties to the reasoning and recommendations set out
by the NIC in its earlier report have been somewhat mixed. There has been some
support, and some disagreement, with the NIC's suggestions as to how best to design
the Nunavut Government to deal with various socio-economic topics; the complete
views of the three parties in this respect may emerge in the follow-up to this report.
With respect to emphasis on leasing to supply a maximum level of Nunavut
Government infrastructure, there would appear to be broad inter-party agreement.
The NIC still awaits the definitive positions of the three parties with respect to the
convening of two special Nunavut-wide conferences.
In the wake of "Footprints", the NIC has undertaken two other initiatives
directly relevant to the development of social policy in Nunavut. The first involved
responding favourably to a request from Pauktuutit for financial support for
research into social policy in Nunavut. The report flowing from that research,
entitled Design of Health and Social Services in Nunavut: Ten Design Challenges,
was made public in June, 1996. The second involved conceiving and carrying out
preparatory work for the staging of a major conference, called The Future of Work
in Nunavut Conference, planned to take place in early 1997 (see Chapter 4, section
7). This conference, as conceived, would address a number of the economic, social
and cultural matters that might otherwise have been dealt with in the two
conferences recommended in "Footprints"; it is unlikely, however, to give the focus
to Inuit language issues that was identified in the conference on social and cultural
well-being recommended in the NIC's earlier report. The NIC is of the view that
language issues are of sufficient importance to justify a separate approach to policy
development (see Chapter 10 of this report).
Social and economic policy making cannot be peripheral or severable from the
politics and administration of Nunavut; it must be central. This point was made in
"Footprints" and is worth restating here:
"A divided NWT will provide the Nunavut Government with opportunities
to develop economic policies and programs to deal solely with the Nunavut
region, unencumbered by the different geographic and socio-economic realities
of the Mackenzie Valley. Legislation, policies, and programs that are made and
applied in Nunavut, for Nunavut, by Nunavut law makers, will better reflect
the priorities of the people of Nunavut (division may well benefit the people
of the Mackenzie Valley in a similar way). This advantage of the creation of the
Nunavut Government will be of greatest long-term significance; indeed, it was
the prospect of such an advantage, bound up in the immeasurable boost to
societal self-image and self-confidence that comes from "running your own
show," that in large measure motivated and propelled the 20 year drive to
secure Nunavut as a discrete territory and jurisdiction.
... the social and cultural well-being of Nunavut will be most significantly
4
determined by the broad legislative and budgetary priorities set by the Nunavut
Government. This centrality of budgetary considerations will be particularly
true over a period in Canada's history when public finances force difficult and
far-reaching choices to be made by elected leaders."
(page 63 and 64)
It will be the responsibility - and litmus test - of the new Nunavut Legislature
and Executive to - as it was put in "Footprints" - "introduce, amplify and fine-tune
imaginative economic and social programs" geared towards Nunavut's special
economic and societal circumstances.
Recommendation # I 1-30
Picking up from its earlier advice in "Footprints", the NIC recommends that the
Government of Canada, the GNWT and NTI jointly support and sponsor, with the
planning assistance of the NIC, major conferences on:
1. The Future of Work in Nunavut (to be held in the first part of 1997;
see Chapter 4, section 7); and,
Recommendation # I 1-31
For some - particularly, elders who know that a sense of purpose is what every
generation must strive to instill in its successor, and who wish to see the promise of
Nunavut made manifest in their lifetimes - April 1, 1999, can't come soon enough.
For others, anxious about the infinite number of things that can go wrong when an
ambitious project of this kind is attempted, April 1, 1999, is too soon for comfort.
Whether viewed with optimism or disquiet, April 1, 1999, and all the things
attendant on it, will come all the same. The important task at hand is to make best
uqe of the time and resources available to get Nunavut off to a flying start.
a high level of interest in, and support for, the success of the Nunavut
project in the rest of Canada and the world.
Given positive elements such as these, the NIC is confident that the essential
tasks associated with the successful start-up of Nunavut are manageable. Managing
those tasks effectively will be, of course, anything but effortless; rather, they will
require decisive and timely decision making by the three organizations that share
greatest control over the process - and to whom the NIC submits its advice - that is,
the Government of Canada, the GNWT and NTI. In concluding and submitting this
report, the NIC urges the three parties to give its contents, and especially its
recommendations, their collective, early and careful attentions.
DIVIDER « A »
DIVIDER « B »
Population Distribution by Age, Canada and Nunavut, 1991
65 to 69 years --
60 to 64 years - -
55 to 59 years - -
50 to 54 years - -
45 to 49 years - -
40 to 44 years - -
35 to 39 years --
30 to 34 years --
25 to 29 years --
20 to 24 years --
15 to 19 years --
10 to 14 years --
5 to 9 years --
0 to 4 years +t l l l l l l l l
I
l l l l l l f I 1 I I I I I I I I I I I I I I
15% 10% 5% 0% 5% 10% 1 5%
Canada, 1991 Nunavut, 1991
Ethnic Composition
Non-Aboriginal
Zi:::
Canada Nunavut
Non-Aboriginal
zi::
Canada Nunavut
35 7
Canada
Nunavut
Under 15 Under 25
on April 1, 1999
1994
Employed Persons
1994
1 1 1748
1 804
1 542
4 a 300 to 400
3 200 to 300
1 6 1 10t0200
Employment Income, 1994
Employment Change in El
Income ($) 1990-94
by Community
lqaluit
i by Community
Sanikiluaq
Rankin lnlet Coral Harbour
Cambridge Bay Cape Dorset
Kugluktuk Rankin lnlet
Arviat Pelly Bay
Baker Lake Clyde River
Pangnirtung Whale Cove
Cape Dorset Repulse Bay
Pond lnlet Baker Lake
lgloolik Gjoa Haven
Coral Harbour Kugluktuk
Gjoa Haven Pond lnlet
Arctic Bay Arviat
Clyde River Arctic Bay
Hall Beach lgloolik
Taloyoak lqaluit
Repulse Bay Broughton Island
Broughton Island Taloyoak
Pelly Bay Pangnirtung
Sanikiluaq Chesterfield lnlet
Chesterfield lnlet Cambridge Bay
Whale Cove Hall Beach
Kimmirut Kimmirut
1994
Employment Income
1994
1 $ 75 million
1 $ 29 million
1 hl $ 20 million
3 $ 10 million
6 $ 5 to 9 million
0
1I less than $ 5 million
-.
Number of Adults who 'Want a Job,' 1994
1994
47% 2 m
61 - 1
40to45%
5 3 5 to 4 0 %
2 30to35%
4 20to30%
7 0 0 to 2 0 %
Social Assistance (SA) Spending in Nunavut, FY 1985-95
Territory, Change
Region or Total SA Spending (actual $)
Baffin
Keewatin
Kitikrneot
Regional Centres
;;.: :;"2:&-~::&&Y:~q~ ;*gy%;S
lqaluit
Rankin lnlet
Cambridge Bay
887,000 1,695,668
253,000 1,006,000 1,354,029
643,000 1,334,735
890,000 1,271,935
Pond Inlet 754,000 1,259,894
562,000 1,235,585
41 0,000 1,200,000 1,091,649
Taloyoak
Gjoa Haven
Sanikiluaq
Arctic Bay
Repulse Bay
Pond lnlet
Hall Beach
lgloolik
Broughton Island
Baker Lake
Social Assistance Spending in Nunavut, FYI980 - FYI 995
Chart A:
Total SA Spending,
in Actual Dollars,
by Region
Chart B:
Total SA Spending,
in Actual Dollars,
Regional Centres
+- lqaluit
Rankin
+ Inlet
+ Cambridge
Bay
Unemployment Insurance Payments, 1994
UI Payments UI Payments as % of
($1 Social Assistance Payments
by Community by Community
'Economic Dependency Ratio' (EDR) is the ratio of the amount which the residents of a community
receive in Transfer Payments TO INDIVIDUALS (Social Assistance, Unemployment Insurance,
CIQPP & other pensions, GST Tax Credit, Child Tax Credit, and others) to their Employment Income.
The higher the EDR, the more dependent the residents of the community are on Transfer Payments.
The EDR for Canada as a whole in 1994 was 27.85.
source: Statistics Canada
Suicide in Nunavut, 1985-94
. ~
Between January 1, 1985 and December 31, 1994, 226 people committed suicide in the NWT.
8 out of 10 were male, and 7 out of 10 were Inuit.
147 of these suicides occurred in Nunavut.
Baffin 99 Keewatin -
24 Kitikmeot 24
Arctic Bay 6 Arviat 3 Cambridge Bay 3
Broughton Island 13 Baker Lake 5 Gjoa Haven 2
Cape Dorset 8 Chesterfield lnlet 2 Kugluktuk 13
Clyde River 5 Coral Harbour 2 Pelly Bay 3
Grise Fiord 1 Rankin lnlet 10 Taloyoak 3
Hall Beach 4 Repulse Bay 1
lgloolik 3 Whale Cove 1
lqaluit 37
Kimmirut 3
Pangnirtung 9
Pond Inlet 7
Resolute Bay 1
Sanikiluaq 2 source: GNWT DepY of Health and Social Services
DIVIDER « C »
($000'~)
1996197 97/98 98/99 99/00 TOTAL
TRANSITION O&M
- Interim Commissioner 3 000.0 3 500.0 3 500.0 , 0.0 10 000.0
- Electoral Boundaries 0.0 250.0 0.0 0.0 250.0
- Nunavut Election 0.0 0.0 160.0 340.0 500.0
- NIC 0.0 0.0 1 000.0 250.0 1 250.0
- Commissioner 0.0 0.0 100.0 0.0 100.0
- Statutes Revision 340.0 304.0 400.0 0.0 1 044.0
TOTAL TRANSITlOM O&M 3 340.0 4 054.0 5 160.0 590.0 13 144.0
OTHER O&M
- Salaries
- Other O&M
- Infrastructure O&M
- Housing O&M
- Systems Development
- Minor Capital
- Federal Departments
TOTAL O&M
CAPITAL
- Comm. Infrastructure 3 238.0 10 817.0 4 654.0 12 036.0 30 745.0
- Housing 662.0 4 818.0 301.0 241 .O 6 022.0
- Federal Departments 500.0 4 980.0 4 980.0 2 800.0 13 260.0
TOTAL CAPITAL 4 400.0 20 615.0 9 935.0 15 077.0 50 027.0
TRAINING (TOTAL) 12 700.0 12 50010 10 600.0 4 000.0 39 800.0
Administration
Premier & Ministers
Business
Development Liquor Nunavut Corporation
Credit Services Licencing
Corporation Commission
Corporation Board Board
Legislative Assembly
Legislative Assembly
I I I
Finance & Research & Library
Administration Services
Dep't of Executive & lntergovernmental Affairs
Minister -
Office of the Executive &
lntergovernmental Affairs
v Ministers' Offices I
Cabinet Office
Minister -
Finance & Administration
Office of the
Deputy Minister
utn
Asset Management
Administration
I I I
Comptrollership Fiscal Policy
Dep't of Public Works, Telecommunications & Technical Services
Public Works,
Office of the
Deputy Minister
1
Technical Project
Policy, Planning
& Maintenance
& Personnel Regional Office Regional Office
~inance&
Administration
I1 Telecommunications
Technical Services
I Y e w a J
Regional Office
I
Minister -
Community Government,
Housing & Transportation
Office of the
Deputy Minister
Minister -
Culture, Language,
Elders & Youth
Office of the
Deputy Minister I
Communications Affairs
Minister - Education
Minister -
Education
1 Office of the
Deputy Minister
b
f-r
b4
School Services
1 D ~
Administration
11 ~ ~~~~~~~n~~
Education
11 ~ p~;~;tx;ry ~ 1 ~ ~
Regional Office
'
Dep't of Sustainable Development
Minister -
Sustainable Development
Office of the
Deputy Minister
-L
Keewatin Kitikmeot
Regional Off ice Regional Office
'Footprints 2': Government of Nunavut
Recommended Design Model
Core Departments:
Program Departments:
Community Government, Housing & Transportation 44.5 38.0 82.5
Culture, Language, Elders & Youth 6.0 2 1 .o 27.0
Education 15.0 19.0 34.0
Health 36.0 23.0 59.0
Sustainable Development 32.0 32.0 64.0
Financial Processing Unit 15.5 15.5
Clerk/Member's Assistant
Finance Officer
Administrative/Human Resources Officer
Interpreter/rranslators
Research Officers
Legislative Library
Library Technician
'Footprints 2': Government of Nunavut Location of HQ FTEs Total
Recommended Design Model in IqaIuit, 1 outside HQ
the c a ~ i t a l1 the canit: FES
Statistics 3.01
Chief Statistician 1 .O
Statistical Analysts 2.0
'Footprints 2': Government of Nunavut Location of HQ FTEs Total
Recommended Design Model in iqaluit, 1 outside
the c a ~ i t a l/ the c a ~ i t a l
Audit Bureau
Director
5.01
Secretary
Auditors
Finance & Administration 4.0
Director 1 .O
Budget Planner/Analyst 1 .O
Finance & Administration Analyst 1 .O
Human Resources Officer 1 .O
'Footprints 2': Government of Nunavut
Recommended Design Model
Justice (cntd)
Rental Office
Rental Officer
Secretary I 1.01
Safety
Manager, Electrical/Elevator Inspections
lnspections Officer
Manager, Boiler lnspections & Gas Safety
Boiler Inspector
Gas lnspector
Clerk 1
'Footprints 2': Government of Nunavut Location of HQ FTEs Total
Recommended Design Model in Iqaluit,
the capital / the capital I
I
Public Works, Telecommunications & Technical Services 39.01 16.0 55.0
I
Office of the Deputy Minister 2.0 2.0
Deputy Minister 1 .O
Executive Secretary 1 .O
1
Training Program Officer 1.O
Maintenance Management System Officer 1 .O
Manager, Programs 1.0
'Footprints 2': Government of Nunavut Location of HQ FTEs Total
Recommended Design Model in Iqaluit,
the capital / the capital I FEs
Motor Vehicles
Director
Secretary
Manager, Registries & Licensing
Motor Vehicles Clerk
Senior Driver Examiner
Sports & Recreation
Director
Secretary
Sports Program Advisor
Facilities Program Advisor
Leadership & Program Development
Co-ordina tor
Leadership Officer
Transportation Planning 5.0
Senior Transportation Planner 1 .O
Transportation Planner (Air & Road) 1.O
Transportation Planner (Marine) 1.O
Safety & Public Affairs 1 .O
Transportation Analyst/Capital Planning 1.O
Co-ordinator
'Footprints 2': Government of Nunavut
Recommended Design Model
I
Culture, Language, Elders & Youth 6.01 21 .O 27.0
Education (cntd)
Health (cntd)
Population Health 4 .O
Director 1 .O1
Secretary 1 .O
Communicable Diseases Analyst 1 .O
Health Protection Officer 1 .O
Vital Statistics
Director
Secretary
Vital Statistics Officers 1
'Footprints 2': Government of Nunavut
Recommended Design Model
I
Sustainable Development 32.0 32.0 64.0
I
Research Biologist
Environmental Protection Advisor 1 .O
Disease/Contaminants Specialist 1.0
Wildlife Veterinarian 1.O
Wildlife Technicians 2.0
Harvest Study Liaison Officer 1.O
'Footprints 2': Government of Nunavut Location of HQ FTEs Total
Recommended Design Model in lqatuit, II outside HQ
the c a ~ i t a l1 the c a ~ i t a l
Executive & Intergovernmental Affairs lqaluit lgloolik Rankin lnlet Cambridge Bay
Public Works, Telecommunications & TS lqaluit Pond lnlet Arviat Cambridge Bay
Systems Engineers (6 outside Iqaluit) lgloolik Rankin lnlet Cambridge Bay
Community Technicians (10 outside Iqaluit) Cape Dorset, Arviat, Cambridge Bay,
Igloolik, Baker Lake & Gjoa Haven &
Pangnirtung & Rankin lnlet Kugluktuk
Pond lnlet
Community Government, Housing & Trans. lqaluit Pond lnlet Arviat Gjoa Haven -
Arctic Airports - 17 FTEs Rankin Inlet
Community Planning & Lands - 10 FTEs Kugluktuk
Motor Vehicles - 5 FTEs Cambridge Bay
Sports & Recreation - 6 FTEs lgloolik
Culture, Language, Elders & Youth lqaluit lgloolik Rankin lnlet Cambridge Bay
Cultural & Communications - 4 FTEs lgloolik
Cultural & Heritage - 9 FTEs lgloolik
-
Elders & Youth Affairs 3.5 FTEs lgloolik
Language Bureau - 4.5 FTEs lgloolik
Sport Nunavut
Cambridge Bay
lgloolik
II iI II
'Footprints 2': Nunavut Government
Recommended Decentralization Model
r%
TOTAL 2,666.0 624.0 478 304 1,260
Community Government,
- Housing & Transportation 169.5 82.5 87 -
Personnel
Justice 1 1
Public Works, Telecommunications & Technical Services 1 1 -- -- --- -
Sustainable Development -- --
TOTAL 143 45 30 68
Legislative Assembly
I
Executive & Intergovernmental Affairs 4 1I I
4 1
I
Finance & Administration 151 151
I
Personnel 5 1 5 1
I
Justice
Public Works. Telecommunications & Technical Services
Community Government, Housing & Transportation 6
3 i 6
Culture, Language,
-- Elders & Youth 27 21 6
Education
Health 1
Sustainable Develo~ment 121 121
TOTAL 19 147
Legislative Assembly
I
Executive & Intergovernmental Affairs
Finance & Administration
Personnel
-I---
Justice
Public Works, Telecommunications & Technical Services
C- 1
I
Community Government, Housing & Transportation 1
Culture, Language, Elders & Youth
Education
-I 2C
I.
I
Health
Sustainable Development 26
TOTAL 18 2E
Legislative Assembly
Sustainable Development
TOTAL 33
Legislative Assembly
Executive & Intergovernmental Affairs
Finance & Administration
Personnel
Justice
Public Works, Telecommunications & Technical Services 3 3 --
TOTAL 168 43 67 58 68 1 21 46
Legislative Assembly .. --
Legislative Assembly
Executive & Intergovernmental Affairs
Finance & Administration
Personnel
Justice
Culture,
- L a-n w e , Elders & Youth
Education 8
Health
Sustainable Development 29
Financial Processing Unit
Boards, Commissions & Corporations:
Nuna vut Arctic College
Nunavut B i r d of Education 8
Nunavut Business Credit Corporation
Nunavut Development Corporation
Nunavut Legal Services Board
Nunavut Liauor mission
I
Nunavut Liquor Licencing Board
S ~ o r tNunavuf I I I-- p
DIVIDER « F »
The decentralized organizational design model recommended in this report
would result in a total of 1,100 headquarters and regional positions being located in
11 communities across Nunavut:
Arviat
Baker Lake
Cambridge Bay
Cape Dorset
Gjoa Haven
lgloolik
lqaluit
Kugluktuk
Pangnirtung
Pond lnlet
Rankin lnlet
Pages F.2 through F.5 present a detailed analysis of the structure and
demographic impacts of the Nunavut Government employment recommended in
this report.
Employment Impacts of Projected GN Employment @ March 31, 2000
Recommended Nunavut by type of position Direct Municipal Total Non-
by Region
Baffin 437 292 210 639 1,578 537 2,115
Keewatin 119 12 146 393 670 259 929
Kitikmeot 66 122 228 416 212 628
by Type of Community
I I I I I
regional centres 526 304 93 307 1,230 182 1,412
other communities 96 385 953 1,434 826 2,260
by Regional Centre
lqaluit
Rankin Inlet
Cambridge Bay
by Size of Community
(in 1999)
-
small (less than 1,000) ! 427 427 382.5 809.5
medium (1,000-2,000) 139 584 1,175 481.5 1,656.5
large (more than 2,000) 483 452 249 1,062 144.0 1,206.0
304~ 261
% small
% medium
% large
Nunavut total
(+ 2 FTEs in Ottawa)
by Region
Baffin
Keewatin
Kitikmeot
OhBaffin
% Keewatin
% Kitikmeot
by Type of Community
regional centres
other communities
% regional centres
% other communities
by Regional Centre
lqaluit
Rankin Inlet
by Size of Community
(in 1999)
small (less than 1,000)
medium (1,000-2,000)
% small
% medium
OO
/ large
Employment Impacts of Projected GN Employment @ March 31, 2000
Recommended Nunavut by type of position I Direct I ~ u n i c i ~ aTotal
ll Non-
Gov't Desian Model HQ 1 Facilities I Rea. 1 Comm. I GN FlEs I REs I Federal FTEs
by Community
Arctic Bay
Broughton Island
Cape Dorset 2
Clyde River
Grise Fiord
Hall Beach
lgloolik 45
lqaluit 374
Kimmirut
Nanisivik
Pangnirtung 14
Pond Inlet 2
Resolute Bay
Sanikiluaq
Arviat 1
Baker Lake 9
Chesterfield lnlet
Coral Harbour
Rankin Inlet 109 12
Repulse Bay
Whale Cove
Bathurst lnlet
Bay Chimo
Cambridge Bay
Gjoa Haven
Kugluktuk
Pelly Bay
Taloyoak
by Real Unemployment Rate
IOW (3-19%)
medium (20-39°/0)
high (40-47%)
low
O/o
medium
Ol0
% high
by Community
Arctic Bay
Broughton Island
Cape Dorset
Clyde River
Grise Fiord
Hall Beach
lgloolik
lqaluit
Kimmirut
Nanisivik
Pangnirtung
Pond lnlet
Resolute Bay
Sanikiluaq
Chesterfield lnlet
Coral Harbour
Rankin lnlet
Repulse Bay
Whale Cove
Bay Chimo
Cambridge Bay
Gjoa Haven
Kugluktuk
Pelly Bay
Taloyoak
Employment Impacts of Est. Non- Proj. Non- Change in Change as % Population Population
Recommended Nunavut Fed. FTES Q Fed. FTES Q in FTEs of Est. Pre- /
After Estab. per Direct
lglooiik
Pond lnlet
Pangnirtung
Cape Dorset
Arviat
Baker Lake
Gjoa Haven
Kugluktuk
lqaluit
Cambridge Bay
Rankin lnlet
-
1 1/29/95
Flshlng MlnlngOll Constructlon Comrnunic. Retall Real Est. AccommlRest. Govern't. Health Sew.
Carnmunlty (Alternate) Agriculture Logging Manufact. Transp. Wholesale Finance Bus. Serv. Other Serv. Ed. Serv.
Nunavut
Arclic Bay (Ilrpiajuk)
Awial (Eskimo Poinl)
Baker Lake ()
BaMursllnlel (Urnirgrnaklok(Bay Chimo))
Broughlon Island (Qikiqlarjuaq)
Cambridge Bay (Ikaluktuliak)
Cape Dorset (Kingail)
Cheslerlield Inlel (lgluligaajuk)
Clyde River (Kangiqlugaapik)
Coppermine (Kuglukfuk)
Coral Harbour (Sallq)
Gjoa Haven (Ursuqtuq)
Grise Fiord (Aujuinuq)
Hall Beach (Sanirajak)
lghlik (Iglulik)
lqaluil (FrobisherBay)
Lake Harbour (KLnrniruI)
Nanisivik (J
Pangnirtung (Panniqluug)
Pelly Bay (A~iliiual)
Pond lnlel (Minimatalik)
Rankin lnlel (Kangiqlinq)
Repulse Bay (Naujal)
Resolule (Qausuinuq)
Sanikiluaq (Belcher Islands)
Taloyoak (Spence Bay)
Whale Cove (kilria juaq)
27 communllles
DIVIDER « H »
Overall Results & Community Detail
Northwest
Report No. 1 Territories Bureau of Statistics
NWT Labour Force Survey - Winter 1994
Overview
During February and March 1994, the Bureau of Statistics completed a labour force survey in all
communities in the Northwest Territories. Key labour force statistics from the survey are presented in this
report based on responses to the survey for over 12,000 persons. Additional information from the survey
will be provided in later reports including profiles of the employed and those not working as well as
information on participation in traditional activities such as hunting, fishing and trapping and relationships
to the wage economy.
Partial funding for the 1994 labour force survey was obtained through the Canada-NWT Economic
Development Agreement and from the territorial government Departments of Renewable Resources and
Education, Culture & Employment. As well, various territorial government departments advised on the
survey questionnaire and regional offices assisted with the recruitment and training of interviewers.
Highlights
During winter 1994, an estimated 25,874 territorial residents - 61 percent of persons 15 years of age and
over - were employed (see table below). Another 5,266 persons were unemployed resulting in a labour
force estimate of 3 1,140 persons. The labour force participation rate was 73 percent and the unemployment
rate was 17 percent. In addition, some 10,231 persons reported that they wanted a job at the time of the
survey while 32,247 persons had worked at some point during 1993.
As in previous surveys. territorial labour force characteristics vary significantly by age and sex, for
aboriginal and non-aboriginal persons, and by geographic area. Men were more likely than women to be in
the labour force with a participation rate of 78 percent compared to 69 percent. Men also had a higher
unemployment rate at 19 percent compared to 14 percent for women. Among persons less than 65 years of
age, younger persons - those 15 to 24 years - were less likely to participate in the labour force
(54 percent) and were more likely to be unemployed when they were in the labour force (28 percent).
Northwest Territories
Males
Females
15-24 Years
25-44 Years
45-64 Years
65 Years & Over
Aboriginal
Inuit
lnuvialuit
Nonh American Indian
Mttis
Non-Aboriginal
Baffin Region
Keewatin Region
Kirikmeot Region
lnuvik Region
Fon Smith Region
Nunavut
Western Territory
Table 1 Labour Force Activity, by Region and Ethnic Group
Northwest Territories, Winter 1994
Northwest Territories
Males
Females
Baffin Region
Males
Females
Keewatin Region
Males
Females
Kitikmeot Region
Males
Females
lnuvik Region
Males
Females
Nunavut
Males
Females
Westem Territory
Males
Females
Table 3 Labour Force Activity, by Region and Age Group
Northwest Territories, Winter 1994
Northwest Territories
15-24 Years
25-44 Years
45-64 Years
65 Years 8 Over
Baffin Region
15-24 Years
25-44 Years
45-64 Years
65 Years 8 Over
Keewatin Region
15-24 Years
25-44 Years
45-64 Years
65 Years 8 Over
Kitikmeot Region
15-24 Years
25-44 Years
45-64 Years
65 Years 8 Over
lnuvik Region
15-24 Years
25-44 Years
45-64 Years
65 Years 8 Over
Nunavut
15-24 Years
2 5 4 4 Years
45-64 Years
65 Years 8 Over
Western Territory
15-24 Years
25-44 Years
45-64 Years
65 Years 8 Over
Table 4 Labour Force Activity, by Ethnic Group and Sex
Northwest Territories. Winter 1994
All Persons
Males
Females
Aboriginal
Males
Females
Inuit
Males
Females
Males
Females
MBtis
Males
Females
Non-Aboriginal
Males
Females
Table 5 Labour Force Activity, by Ethnic Group and Age Group
Northwest Territories, Winter 1994
Aboriginal
15-24 Years
2 W Years
45-64 Years
65 Years 8 Over
Inuit
15-24 Years
2 W Years
45-64 Years
65 Years 8 Over
lnuvialuit
1524 Years
25-44 Years
45-64 Years
65 Years & Over
MBtis
15-24 Years
2544 Years
45-64 Years
65 Years & Over
Non-Aboriginal
1524 Years
2544 Years
45-64 Years
65 Years & Over
Table 6 Labour Force Activity, by Region and Community
Northwest Territories, Winter 1994
Baffin Region
Arctic Bay
Broughton lsland
Cape Dorset
Clyde River
Grise Fiord
Hall Beach
lgloolik
lqaluit
Lake Harbour
Nanisivik
Pangnirtung
Pond lnlet
Resolute
Sanikiluaq
Keewatin Region
A~at
Baker Lake
Chesterfield lnlet
Coral Harbour
Rankin lnlet
Repulse Bay
Whale Cove
Kitikmeot Region
Bay Chimo
Cambridge Bay
Coppermine
Gjoa Haven
Holman
Pelly Bay
Taloyoak
(cont'd.)
DIVIDER « I »
Executive Summary
Introduction 4
Vision 8
Background 73
Principles 16
Initiative CostingIScheduling 34
Implementation Strategy 35
Conclusion 38
Appendices
Bibliography
Nunavut
Unified Human Resource Development Strategy
Prepared by
Working Group on Human Resources and Training
The current activities of the partners are significant and are aimed
at overcoming the obstacles which limit lnuit participation. The
existing initiatives, however, are inadequate and by themselves will
not achieve the target of 50 % lnuit employment by 1999, nor will
they achieve the longer term goal of a representative lnuit
workforce.
The paper concludes that the gap between the supply and demand
for skilled lnuit public servants can be narrowed through career
fast-tracking and accelerated training in some job categories, but
not closed. The more the gap is narrowed, the greater the effort
required to close it further. This document postulates that the long-
term solution to lnuit representation in the public service lies in
higher education, combined with effective in-service training
programs.
3) Government of Canada
There are existing education delivery agents who are charged with
meeting the educational and training needs of the Nunavut
population. School boards and Nunavut Arctic College will be
primary delivery agencies for much of the programming that will be
required to meet lnuit employment goals.
8) Employers
lnuit leaders ensured that both the Accord and the Final
Agreement addressed the need for human resource development
initiatives with a very specific focus on education and training.
Until the Nunavut government has the resources and the capacity
to provide education and training in relation to the development of
a Nunavut public service, jurisdictional responsibility rests primarily
with the GNWT.
----
Principle #7: There should be equal opportunities for men and
women in all education and training initiatives for Nunavut
residents.
Assumptions
-
In concert with the principles, the following assumptions provide
guidance and direction for the implementation of initiatives defined
in this document.
the GNWT will require at least 120 more lnuit in order to reach a
minimum of 50% lnuit representation prior to division;
about 5% will leave their jobs and not seek immediate re-
employment.
If all of the above factors materialize, the demand for qualified lnuit
labour could outstrip the supply.
-
Figure 1
Experienced Labour Force by Largest
Occupation Groups, 1986 and 1991
I
--. .-
I
Artistic
Transport iI
Consbucbon
Fabricating 8 Repair iI
. I - I
I 4
I
Clerical
Health
Social Services
Managerial 8 Admin
Most of the current jobs as well as those jobs which will result from
the creation of Nunavut will require fairty high levels of education or
training. This is especially true of the positions required for the new
headquarters. It is also true of many of the jobs required in the new
claims organizations. It is true of the more senior and better paid
jobs in the private sector. Although there are other factors which
influence the match between supply and demand, for example
mobility, education and training are the key issue.
Figure 2
lnuit Representation in Occupations
Figure 3
Highest Level of Schooling, Nunavut
Grade 9 or Less
Post Sec**
Post Sec*
H i ~ School***
h
G r a d e s 10 or 11
Figure 3
Grade 12 Graduates, Nunavut
1
--.**;. ..... - .. . . .
In 1996 - 97, NlTC will spend $1.6 million on planning and training
initiatives. Of this amount $173,000 will be allocated to human I
resource planning and development, $300,800 to capacity building,
$75,000 in scholarships for youth, $375,000 on labour market
development, $579,000 in support of staff development and
$135,000 towards support programming.
The programs and services that are designed to address the gaps
are separated into eight distinct categories:
Capacity Building -
Designed to support preparatory and
access programs, these initiatives include enterprises created to
prepare people for work or for future training.
Instructor Training Program Certificate
Trainer Training
Career Counselor Training
Innovative Project Development
Staff Development -
These programs will be targeted at
developing and training those people who are already
employed. Programs such as these are geared to support
individuals at all the levels of government as well as in other
workplaces.
Staff Development - Municipalities
GNWT Staff Development
-
Staff Development Government of Canada
Workplace Basic Skills Program
-
Support Programming These programs and services are
designed to provide the needed support to the individuals who
will be planning their careers and participating in other human
resource development programs
Mentoring
Nunavut Arctic College Counselors
Promotion of Career Opportunities
Peer Tutorial Service
Category Costing
PlanningIDevelopment $1,564,200
Monitoring & Innovation
Capacity Building $1,580,000
YouthISchool $1,784,000
Labour Market $30,501,800
Development
Staff Development $3,048,000
Support Programming $1,322,000
Year Costing
1996197 $8,647,550
1997198 $14,203,950
1998199 $11,583,950
199912000 $5,364,550
Total $39,800,000
I
I
I Master Contribution
/ Agreements
I
NIC - Chair I
NTI
NITC I
Annual Activitv :
GNWT
CANADA
.--.
__..'
7I
__...-
Schedule ' 1
T
\ /
Annual Repon
to Parr~es,
1-
Stc~eno~aers,
and th3 Public
Implementation Strategy
The exercise of developing human resources in the Northwest
Territories has a long history. Many human resource development
exercises are ongoing and there is a significant history of
collaboration and cooperation with education and training
initiatives. This initiative will build upon previous successes in
developing people for jobs in the public, private and non-profit
sectors of the labour market.
The vision has not yet been realized and challenges still exist.
This document has already described the programs that are
planned. This chapter deals with the administrative structure and
implementation approach which is proposed to achieve the vision.
The Nunavut Act provides for a human resources role for the
lnterim Commissioner, 'The Interim Commissioner may (a) recruit
for employment by the Government of Nunavut such persons as
the lnterim Commissioner considers necessary for the operations
of that Government on its own establishment;" (Clause 72G,Bill C-
132). When the lnterim Commissioner is appointed, the Working
Group will arrange for he or she to be fully briefed on the strategy
in order to ensure a harmonized approach to human resource
development and employment opportunities.
Comrnunicatorflranslator
Community Health WorkerINuning
Assistant
Corrections Officers
Court Officer
Eecutive Assistant
General AdministrationOfficer
Health Care Technician
Health Safety Inspector
Human Resource Officer
InformatiotVPublic Relations Omcer
W i l Laboratory Technologist
Properly Purchasing Omcer
RenewableResource Omcer
School Community Counsellor
SciWEngineering Technician
sheriff
Support Staff
AccountingIFinance Clerk Computer literate, good comprehension of 12.5 -ABE, CACP, Community
basic mathematical and financial concepts, Office Procedures
communications skills. -1nuMitut Language
- - Training
(ILT)
Classroom Assistant Completely literate in English and appropriate O* -On-the-job
aboriginal language. Good communication -ALTP (Aboriginal Language
and interpersonal skills. Perhaps skill in sign Teaching Program)
language/occupationaI therapy.
Clerk1 Interpreter Basic knowledge of medical terminology, 0 -1nuMitut Language Training
patient care and treatment. Basic knowledge -Clerical
of office procedures. Ability to read and write -Office Admin.
in English and appropriate aboriginal -CACP
language. -1nuMitut Language Training
ComputerIEquipment Clerk Ability to operate interactive computers/good 2.5 -Computer Studies
keyboarding skills. Ability to follow detailed -Clerical
instructions promptly and efficiently. Good -Office Admin.
judgment
- - skills. Ability to work with little -CACP
I supervision. I I -1nuMitut Language Training
General Clerk I Good oraanization and communication skills. I 0 I -Clerical
I
ability tomaintain proper records, ability to
..
utilize standard office eauipment,
literate.
computer 1 I
-Office Admin.
-CACP
-1nuMitut Language Training
* Zero "Entrants Required" indicates that the number of Inuit in these positions currently equals or exceeds the 50% level.
2 CAPACITY BUILDING
- Instructor Training Program Cert.
- Trainer Training
- Career Counsellor Training
- Innojation Project Dewlopent
3 YOUTH/SCHOOL
- Community-Based Stayin-SchoolInitiatives
- High School: Peer Counselling
-Youth Summer Employment Program'
5 STAFF U G V cLvrmclr r
- Staff Dewloprnent - Municipallies
I
- DLPI~ Dewlopment - Gouernrnent of Canada I
I
I
6 SUPPORT PROGRAMMING
I I
I 1
Bibliographical References
Interim Report
GNWT(1995). Human
of the Nunavut I
I
I
I
+ I !
............................................................................................... I
I
+
............................................................................................... I
-
I
............................................................................................... I
Negotiations re: division of assets & liabilities I
............................................................................................... I
Negotiations re: funding agreement I
............................................................................................... I
Initial funding agreement I
............................................................................................... I
I
............................................................................................... I
I
1 1 1 I I I I ( I ( I 1 ( I I 1 uo I I I I 1 I I I I I 1 1 1 1 I 1 I 1 idv
Jea to^ IJO des 6ny Inr unr Amy( ~ d y Jew q e j umr Jea MN d ~ sunv Inr unr Aery ~ d v rely q e j uer Jea AON $30 deS 6ny Iny urir hely
.........................................................................
s e l r n o r e ~u e w n ~pe!l!un. 10 uo!lelusweldwl
~~
I 668 1 I 0661 I I S 1
DIVIDER « K »
The Administration of Justice in Nunavut
There is much interest in Nunavut, and there has been some debate, about
forms of dispute resolution alternative to the Anglo-Canadian models presently in
place in the Northwest Territories. Progress towards significant change has been
slow. Much of the debate that has taken place has focused on the perceived
shortcomings of the existing system. But there are few concrete proposals for new
models, reflecting both Inuit and Anglo-Canadian values, in which the people of
Nunavut can have pride of ownership.
Changes in the law and its institutions tend to be made slowly. In part, perhaps,
this is because of a certain conservatism in the professionals who run the system.
But this very conservatism is equally a safeguard for the public, preferring an
incremental and predictable approach to a revolutionary and untried one.
Although there have been no structural changes made yet there is no doubt
that there is wide support for meaningful changes. This support comes both from
the public and professionals within the system. There is a real need, however, for
issues to be brought into clearer focus. A Nunavut Justice Conference would go a
long way towards doing this. Such a conference should be held in Nunavut within
the next 6-8 weeks. It should have a mandate to map out the institutions of the
administration of justice in Nunavut. It should be attended by an effective cross-
section of those who will participate in the system, and useful advisors. Participants
from existing justice institutions should be asked to bear the cost of their own
participation. An efficient conference secretariat would be necessary to plan the
conference and narrow the issues.
We may assume at the outset, whether or not a conference is held, that certain
basic justice institutions will be established in Nunavut. Courts, court registries,
police, prosecutions, parole and probation services, a legal profession, legal aid, a
government department and even jails - these are all institutions that are part and
parcel of a modern Canadian jurisdiction.
Yukon. The judicial system is one of the three branches of government, and an
effective government must take responsibility for the judicial process at the same
time as it develops its legislative and executive branches. Specifically, therefore:
Nunavut should have its own legal aid plan, designed in and for Nunavut.
While it seems clear that many of the Nunavut justice system institutions will
mirror existing ones, great care must be taken to replicate only muscle - not fat. A
thorough analysis of the institutions to be copied must be made, and each aspect of
them assessed for value and appropriateness in the Nunavut context. The
secretariat of the Nunavut Justice Conference should ensure that, to the extent
possible, draft departmental and court plans are made in this light prior to the
conference and for review at the conference.
Finally, in the short time remaining before April 1, 1999, while the basic
services currently provided by the justice system must continue, resources available
at the GNWT level for initiatives in the area of community justice and so forth
would best be made available for the planning of the Nunavut justice system.
"Footprints 2" - Appendix K - pg. 3
Objectives:
To develop a plan for legal education that will promote the rapid
incorporation into the justice system of fully qualified Inuit lawyers, judges
and other professionals; and,
Requirements:
Participants:
Timing:
The NIC recommends the continuation of leaders' level meetings, following the
general format of the Rankin Inlet (September 29-30, 1995) and Awiat (May 10-
11,1996) meetings. The NIC recommends that the next such meeting occur as soon
as practicable following the appointment of the Interim Commissioner and that
meetings take place every five to six months thereafter until the coming into
existence of Nunavut on April 1, 1999. The NIC recommends that the Chairperson
of the Nunavut Caucus continue to serve as official "host" of the meetings, with
preparatory staff work carried out by the Clerk of the NWT Legislative Assembly and
the Co-ordinating Committee of Officials on Nunavut (CCON).
Recommendation #1-2
Recommendation #2-1
The NIC recommends that the work towards the creation of the Nunavut
Government proceed in full recognition of the relevance of the challenges,
principles and organizing conclusions first set out in the "Footprints" report and
restated above.
Recommendation #2-2
The NIC recommends that the Government of Canada, the GNWT and NTI make
every effort to respond promptly to the recommendations set out in this report,
notably in relation to the design of the Nunavut Government. Specifically, the NIC
recommends that the three parties make every effort to realize a consensus of
opinion on all fundamental design feature policy choices by December 31, 1996.
i
Recommendation #2-3
The NIC recommends that, in the event that a consensus among the three parties to
the Nunavut Political Accord is not possible, despite their best efforts, by
December 31, 1996, the Minister of DIAND, in fulfillment of the federal government's
underlying responsibilities under the Nunavut Act, make decisions as to
fundamental design features prior to January 31, 1997.
-
Recommendation #2-4
The NIC recommends that the decisions as to fundamental design features of the
Nunavut Government referred to in Recommendations #2-2 and #2-3, whether
made on a consensus basis involving all three parties to the Nunavut Political
Accord or by the Minister of DIAND, be promptly made public.
"Footprints 2" - Appendix L - pg. 3
Recommendation #3-1
The NIC recommends that the Nunavut Government be organized, structured and
staffed according to the organizational design model set out in this report, and
detailed in Appendices D and E.
"Footprints 2" - Appendix L - pg. 4
Recommendation #4-1
Recommendation #4-2
Recommendation #4-3
Following from Recommendation #4-2, the NIC recommends that the Office of the
Interim Commissioner actively pursue the design and implementation of flexible
work arrangements in the initial staffing up and operations of the Nunavut
Government's work force. Efforts should be made to classify as many positions as
possible as open to flexible work arrangements. Particular attention should be
given to how job sharing and other flexible work arrangements might be made
available to members of a single household, without compromising established
organizational conventions applicable to government offices (i.e. familial loyalties
must not colour, or be seen to colour, decision making and accountability).
Recommendation #4-4
The NIC recommends that the Government of Canada, Inuit organizations, unions,
private businesses, and other organizations actively pursue flexible work
arrangements with respect to their work forces in Nunavut.
"Footprints 2" - Appendix L - pg. 5
Recommendation #4-5
Recommendation #4-6
The NIC recommends that the three parties to the Nunavut Political Accord
support the convening of a conference, entitled The Future of Work in Nunavut
Conference, as described in Chapter 4, section 7.
"Footprints 2" - Appendix L - pg. 6
Recommendation #5-1
The NIC recommends that the GNWT act upon its Request For Proposal for a 384
kbps digital communications system and that the system be installed and fully
operational prior to April 1, 1999.
Recommendation #5-2
The NIC recommends that the requirement for a wide Area Network requirement
under the GNWT Request For Proposals be changed to that of a requirement for an
Intranet, and that the lntranet be established using Internet open standards.
Recommendation #5-3
The NIC recommends that the lnterim Commissioner identify and engage an
information broker to plan and manage the information needs of the Nunavut
Government.
Recommendation #5-4
Recommendation #5-5
The NIC recommends that the parties to the Nunavut Political Accord and the
lnterim Commissioner collaborate on the identification and engagement of
non-governmental users to share in the use of bandwidth and the costs of space
segment time with the GNWT and the Nunavut Government.
"Footprints 2" - Appendix L - pg. 7
Recommendation #5-6
The NIC recommends that the lnterim Commissioner hire three Nunavut Systems
Engineers and nine Nunavut Telecommunications Technologists to oversee the
installation and maintenance of the Nunavut Government lntranet before April 1,
1999, and that such hiring be linked to the timetable for construction of office space
for the Nunavut Government.
Recommendation #5-7
The NIC recommends that the lnterim Commissioner ensure that a minimum of 11
Community Technicians be trained and hired before April 1, 1999, and that
arrangements be made for the training and hiring of 15 more in the Nunavut public
sector within one year of Nunavut start-up.
Recommendation #5-8
The NIC recommends that the federal government allocate Community TeleService
Centre (CTSC) space and information technology (IT) equipment in new Nunavut
Government office space in the 11 decentralized headquarters communities for use
by both the Nunavut public and private sectors, and that the GNWT renovate
existing buildings in the 15 non-decentralized headquarters communities for CTSC
use and supply them with IT equipment.
Recommendation #5-9
Recommendation #5-10
Recommendation #5-11
The NIC recommends that the Office of the Interim Commissioner dedicate a staff
position to the information and information technology requirements and options of
the Nunavut Government. The NIC further recommends that the incumbent of such
a staff position work closely with appropriate personnel of the GNWT and other
organizations to ensure a systematic approach to the following matters:
Recommendation #6-1
The NIC recommends that the recruitment and employment of the Nunavut
Government be pursued with the following objectives in mind:
full respect for the letter and spirit of Article 23 of the Nunavut Agreement
in relation to representative levels of lnuit employment, with an all-out effort
to meet and exceed the minimum lnuit employment targets identified by the
the NIC in Recommendations #6-8 and 6-9 of "Footprints" (50% lnuit
representation in the public sector at start-up; representative levels by
2021);
Recommendation #6-2
The NIC recommends that the Government of Canada be guided by the objectives
set out in Recommendation #6-1 in pursuing its own employment plans relevant to
Nunavut.
Recommendation #6-3
The NIC recommends that the three parties to the Nunavut Political Accord
endorse the strategy entitled Nunavut: Unified Human Resource
Development Strategy (Appendix I), as developed by the multi-party Working
Group on Human Resources and Training (WGHRT), subject to any periodic
changes that circumstances may require, and deploy their financial and other
resources accordingly.
Recommendation #6-4
The NIC recommends that the multi-party Working Group on Human Resources and
Training (WGHRT), under the auspices of the Co-ordinating Committee of Officials
on Nunavut (CCON), remain active for the purposes of pursuing the application of a
common human resource development strategy and in examining the need for any
periodic adjustments to it.
I
"Footprints 2" - Appendix L - pg. 11
Recommendation #6-5
The NIC restates the substance of the recommendations in "Footprints" (#6-1, 6-2
and 6-3) that:
2. a minimum of 5
' of the initially recruited senior managers within the
0
°
Nunavut Government have previous work experience in Nunavut; and,
Recommendation #6-6
Recommendation #6-7
Recommendation #6-8
The NIC recommends that employment obligations entered into on behalf of the
Nunavut Government prior to April 1, 1999, not provide for a mandatory process of
re-evaluation and re-staffing of all positions at a fixed point in the future.
Recommendation #6-9
Recommendation #6-10
The NIC recommends that the Minister of DIAND, in consultation with the GNWT
and NTI, supply the lnterim Commissioner with written directions directing the
lnterim Commissioner to make every reasonable effort to enter into, on terms and
conditions that the lnterim Commissioner deems appropriate, a comprehensive
personnel agreement with the GNWT that would:
1. result in all GNWT staff at the regional and community levels in Nunavut
being offered appointment to comparable positions within the Nunavut
Government;
Recommendation #6-11
The NIC recommends that the Government of Canada provide early assurance to
the GNWT and NTI that:
1. financial support for the operating costs of the Nunavut Government will
be sufficient to permit the Nunavut Government to honour any
commitments made in its name with respect to the existing GNWT
employees; and,
Recommendation #6-12
The NIC recommends that the GNWT make every effort to complete its current
reorganization work, as prompted by its deficit cutting objectives and in preparation
for division, as soon as possible and, in any event, by March 1, 1997. The NIC
further recommends that once current reorganizational work has been completed -
at least in design terms, if not all aspects of implementation - that every effort be
made to avoid significant changes to the resulting organizational structure of
Nunavut-based and "Nunavut-oriented" GNWT staff until April 1, 1999. The NIC
further recommends that the resulting organizational structure be relied upon in all
subsequent planning and preparatory work for Nunavut, including infrastructure
and human resources activities and in the calculation of appropriate levels of
funding support to cover the operating costs of the Nunavut Government.
Recommendation #6-13
The NIC recommends that the parties to the Nunavut Political Accord and the
Interim Commissioner of Nunavut make every effort to communicate, in a timely and
complete way, an agreed upon approach to staffing issues associated with the
creation of the Nunavut Government, particularly the employment future in Nunavut
of existing GNWT staff. Such an effort should feature direct, candid, and on-going
discussions with relevant employees' associations. It should also feature the supply
of relevant information both to individual staff members and, through use of the
media, the public at large.
"Footprints 2" - Appendix L - pg. 14
Recommendation #6-14
The NIC recommends that, on behalf of the Nunavut Government, the lnterim
Commissioner seek to enter into collective agreements with those employees'
associations who represent public sector workers in the Nunavut area to govern the
terms and conditions of employment in the Nunavut Government (Chapter 11
identifies potential problems in continuity resulting from the impact of division on
statutorily created corporate bodies having membership across the NWT). This
recommendation is not based on any opinion on the desirability or undesirability of
such workers seeking or securing changes in how they are currently represented
for collective bargaining purposes.
Recommendation #6-15
The NIC recommends that any collective bargaining agreement signed by the
lnterim Commissioner of Nunavut on behalf of the Nunavut Government expire no
later than April 1, 2001.
Recommendation #6-16
The NIC recommends that the lnterim Commissioner apply - subject to any
adjustments appropriate to the post-1999 Nunavut context - already developed
GNWT polices and procedures with respect to personnel administration in the
gearing up and initial operations of the Nunavut Government, including such things
as:
employee handbooks;
a superannuation handbook;
Recommendation #6-17
The NIC recommends that the lnterim Commissioner be given wide latitude in
carrying out, on a timely and objective basis, the recruitment of new personnel for
the Nunavut Government. The three parties to the Nunavut Agreement should
confine themselves to the development of any written directions of a broad policy
nature that may be usefully supplied to the lnterim Commissioner - for example,
policy directions relating to the role and broad contents of collective agreements but
not individual staffing decisions - and participation in informal multi-organizational
consultation.
Recommendation #6-18
The NIC recommends that the lnterim Commissioner approach the recruitment of
senior staff to the Office of the lnterim Commissioner with a view to these individuals
also being offered senior staff appointments within the Nunavut Government. The
most senior appointments within the Nunavut Government (e.g. Deputy Ministers)
should not guarantee employment for terms beyond March 31, 2001.
"Footprints 2" - Appendix L - pg. 16
-
Recommendation #7-1
revisions to the organizational design model and the net change in Nunavut
Government employment in the capital, Iqaluit, and the 10 other
communities where the Nunavut Government's decentralized headquarters
and regional staff will be located. There may also be lesser impacts on
Nunavut's 15 smaller communities. This analysis can be undertaken as
soon as the parties to whom the NIC makes recommendations review this
report and achieve consensus on the organizational design structure of the
Nunavut Government;
revision of the GNWT's 5-Year Capital Plan and 20-Year Capital Needs
Assessment; and,
Recommendation #8-1
The NIC recommends that the implementation schedule for the establishment and
staffing of headquarters, regional offices and auxiliary regional offices of the
Nunavut Government and other related implementation activities ("timelines"), set
out in Appendix J be adopted and followed.
C
- -
Recommendation #9-1
The NIC recommends that the division of assets and liabilities between the Nunavut
Government and the GNWT be resolved through the conclusion of a
comprehensive intergovernmental agreement, prior to April 1, 1999, sorting out the
ownership of all classes of assets and liabilities owned or controlled by the GNWT
at the date of the agreement and all liabilities, established or contingent, incumbent
on the GNWT at the date of the agreement. Specific exceptions to the complete
division of assets and liabilities might be made in relation to those assets and
liabilities that are tied to institutions that continue, after April 1, 1999, to carry out
functions on behalf of the residents of both Nunavut and the Mackenzie Valley (for
example, a workers' compensation board).
i
Recommendation #9-2
The NIC recommends that, consistent with the scheme set out in the Nunavut Act,
the lnterim Commissioner act for the Government of Nunavut in the negotiation and
execution of a comprehensive intergovernmental agreement on the division of
assets and liabilities. The NIC recommends that, in addition to the role resewed by
the Nunavut Act for the Governor in Council in approving such an agreement, the
Interim Commissioner consult closely in this matter with NTI.
Recommendation #9-3
Recommendation #9-4
Recommendation #9-5
The NIC recommends that the GNWT continues its work of assembling information
about various classes of GNWT assets and liabilities and encourages the GNWT to
share the fruits of its work in this regard on an early and on-going basis.
L
Recommendation #9-6
The NIC recommends that the principles set out in this chapter be employed to
guide the negotiation of a comprehensive intergovernmental agreement on the fair
and equitable division of assets and liabilities between the Nunavut Government
and the GNWT. The NIC further recommends that, insofar as a consensus emerges
among the three parties, on a timely basis, as to the appropriateness of these or a
revised set of principles, this consensus be captured and conveyed to the lnterim
Commissioner in the form of written directions supplied by the Minister of DIAND.
Recommendation #9-7
Recommendation #9-8
1. generally, the GNWT refrain from the sale of any of its assets in Nunavut
except with the concurrence of the Interim Commissioner; and,
2. specifically, the GNWT discontinue the sale of GNWT staff housing in the
Nunavut area until a comprehensive housing policy has been developed
which takes fully into account the housing implications of the creation of
the Nunavut Government.
Recommendation #9-9
Recommendation #9-10
The NIC recommends that the three parties to the Nunavut Political Accord
commit themselves to the pursuit and achievement of the following objectives in
relation to Nunavut Government finances:
full respect for the commitments made in the Nunavut Political Accord
and otherwise;
Recommendation #9-11
Recommendation #9-12
The NIC recommends that, on the federal government side of negotiations towards
a formula funding agreement for Nunavut, the Department of Finance and DIAND
work jointly, and that every effort be made to ensure that the agreement have the
active support of both the Minister of Finance and the Minister of DIAND.
Recommendation #9-13
The NIC recommends that, on the Nunavut side of negotiations towards a formula
funding agreement for Nunavut, the Office of the Interim Commissioner work jointly
with the GNWT and NTI, and that every effort be made to ensure that the agreement
have the active support of the NWT Minister of Finance and the President of NTI.
Recommendation #9-14
The NIC recommends that, consistent with its obligation to supply advice to all three
parties to the Nunavut Political Accord, the NIC not participate in the
negotiation of a formula funding agreement, except insofar as it may be called upon
to furnish information.
q
Recommendation #9-15
The NIC recommends that the negotiation and conclusion of an initial formula
funding agreement for Nunavut be approached according to the following
considerations of timing:
Recommendation #9-16
The NIC recommends that the negotiation and conclusion of an initial formula
funding agreement for Nunavut be carried out in accordance with the following
principles:
Recommendation #9-17
The NIC recommends that, in consultation with the NTI, the Government of Canada
and the GNWT make every effort to conclude, by December 31, 1996, a
Memorandum of Understanding to cover the GNWT's transitional costs of division in
the period ending on March 31, 1999. Among other things, such a Memorandum of
Understanding could deal with:
Recommendation #lo-1
The NIC recommends that the three parties to the Nunavut Political Accord,
with the assistance of the NIC, jointly convene, in the second half of 1997, a special
Developing a Language Policy for Nunavut Conference, as a necessary
step in pulling together an adequate societal consensus on the place of language
in the future of Nunavut, with particular attention to the preservation and promotion
of the Inuit language. Such a conference should be organized so as to identify and
evaluate critical choices in defining an appropriate set of language policies for
Nunavut, mindful of practical limiting factors such as tight public sector finances.
The conference should be planned with a view to maximizing public participation,
actively engaging the variety of Nunavut organizations that have a focus on social
and cultural issues. The conference should be made aware of efforts mounted, and
experience gained, in relation to the development of language policy in other parts
of Canada and of the world.
"Footprints 2" - Appendix L - pg. 29
1 Recommendation #11-1
I
The NIC recommends that work towards the establishment of the Office of the
lnterim Commissioner, and the process for recruitment of the lnterim Commissioner,
proceed on the basis of the multi-organizational consensus that has emerged to
date.
Recommendation #11-2
Recommendation #11-3
division of assets and liabilities between Nunavut and the NWT; and,
Recommendation # I 1-4
The NIC recommends that the policy directions supplied to the lnterim
Commissioner with respect to the matters identified in Recommendation #I 1-3 be
based on the substantive recommendations set out in relevant parts of this report,
as may be modified by a consensus among the three parties to the Nunavut
Political Accord.
"Footprints 2" - Appendix L - pg. 30
Recommendation #11-5
The NIC recommends that, following the supply to the lnterim Commissioner of
policy directions described in Recommendation # I 1-2, further policy directions be
supplied to the lnterim Commissioner in the period leading up to April 1, 1999, only
in the event of:
1-6
Recommendation #I
The NIC recommends that, insofar as it does not prove possible to develop broad,
but clear policy directions to the lnterim Commissioner on a consensus basis
among the three parties to the Nunavut Political Accord, the Minister of DlAND
- in keeping with the Government of Canada's overall constitutional responsibilities
-
and in exercise of powers under the Nunavut Act supply such directions in
relation to relevant topics on a timely basis.
Recommendation #11-7
The NIC recommends that, insofar as policy directions are supplied to the lnterim
Commissioner by the Minister of DlAND on behalf of the Government of Canada on
any particular topic without the support of the GNWT and NTI, then such policy
directions should be confined to very broadly stated points; the lnterim
Commissioner should be left with wide latitude in the practical interpretation and
application of such broadly stated points.
I
Recommendation #11-8
The NIC recommends that, as soon as practicable upon his or her appointment, the
lnterim Commissioner enter into discussions with the NIC with a view to reaching
agreement on inter-organizational collaboration in general and a logical distribution
of research and policy analysis work in particular. The NIC further recommends that
discussions of this kind be renewed from time to time, as circumstances suggest,
over the period up to April 1, 1999.
I
"Footprints 2" - Appendix L - pg. 31
Recommendation #11-9
Recommendation #11-10
The NIC recommends that, in the event that the NIC and the Office of the lnterim
Commissioner reach an agreement on best use of combined human and financial
resources, that the Government of Canada take any reasonable measures needed
- such as the amendment of contribution agreements or the securing of Treasury
Board consent - to accommodate such an agreement.
Recommendation #11-11
The NIC recommends that the NWT Minister of Justice introduce into the NWT
Legislative Assembly amendments to the Statute Revision Act which would:
2. provide that the Statute Review Commissioner consult from time to time
with NTI as to the progress on work towards the preparation of a separate
body of revised and consolidated statute law for Nunavut.
Recommendation #11-12
The NIC recommends that representatives of NTI and of Dene, Metis and lnuvialuit
organizations be consulted as to the selection of a Statute Review Commissioner.
Recommendation #11-13
The NIC recommends that the work of the Office of the Statute Review
Commissioner, as reflected in such things as contribution agreements entered into
by the Government of Canada and the GNWT to underwrite the cost of the office, be
organized to ensure that:
1. all key statutes and regulations are available in lnuit language versions
on April 1, 1999; and,
Recommendation #11-14
Recommendation #11-15
The NIC recommends that the GNWT and Government of Canada make every
effort, including the allocation of appropriate human and financial resources, to
ensure that federal and territorial laws are revised on a priority basis to conform to
the provisions of the Nunavut Agreement. This effort is particularly overdue in
relation to wildlife management.
"Footprints 2" - Appendix L - pg. 33
Recommendation #11-16
The NIC recommends that, under the sponsorship of the CCON, and with
appropriate consultation with the representatives of occupations in the NWT, a
special working group be constituted to examine the substance and form of any
legislative and related measures that could be adopted so as to:
5. ensure a smooth and timely process for the conducting of first elections
to the Nunavut Legislative Assembly.
This working group should, specifically, examine the need for relevant amendments
to the Nunavut Act.
4
"Footprints 2" - Appendix L - pg. 34
Recommendation #11-17
Recommendation #11-18
The NIC recommends that the NIC and the Office of the Chief Herald continue to
co-operate in the development of official symbols for Nunavut along the lines set out
the NIC's earlier "Footprints" report.
Recommendation #11-19
Recommendation #11-20
The NIC recommends that the Government of Canada, in concert with the GNWT,
communicate at the earliest opportunity with the provincial and Yukon governments:
Recommendation #11-21
The NIC recommends that the Office of the Interim Commissioner, as soon as
practicable upon the recruitment of senior staff, convene an informal meeting of
those organizations active in the administration of justice in Nunavut (e.g., the
federal and territorial departments responsible for justice issues and correctional
services, the RCMP, the NWT Law Society, the Nunavut Bar Association,
Pauktuutit), with a view to instituting an appropriate cross-organizational
mechanism for the design of reforms to the administration of justice in Nunavut,
particularly its criminal justice component. The NIC recognizes and welcomes the
interest of the Nunavut Bar Association in the convening of a special Nunavut
justice conference, and recommends that the organization of such a conference
figure prominently on the agenda of the meeting.
Recommendation #I 1-22
The NIC recommends that a resident judge of the Supreme Court of Northwest
Territories be appointed for the Nunavut region as soon as possible, with the view
to having this same individual serve as a judge of the Supreme Court of Nunavut in
the period following April 1, 1999.
This appointment should be part of a larger effort on the part of the federal and
territorial governments to ensure that there is an adequately sized judiciary resident
in both Nunavut and the NWT after division.
Recommendation # I 1-23
The NIC supports in principle the "unification1'of the court system in Nunavut as far
as practicable, and recommends that further work be carried out towards achieving
that end through the process suggested in Recommendation #11-21. Particular
attention should be given to enhancing community involvement and confidence in
the justice system and to addressing popular perceptions as to what parts of the
justice system (for example, family violence) warrant priority of attention and reform.
-
-
"Footprints 2" - Appendix L - pg. 36
Recommendation #11-24
Recommendation #11-25
The NIC recommends that the lnterim Commissioner of Nunavut enter into an
agreement with the Solicitor General of Canada resulting in the supply of police
services in Nunavut, at the time of its coming into existence, by the Royal Canadian
Mounted Police (RCMP).
Recommendation #11-26
The NIC recommends that the agreement for the supply of police services referred
to in Recommendation # I 1-25 set out specific and tangible measures for increasing
the number and seniority of Inuit members of the RCMP in Nunavut and throughout
Canada, consistent with the RCMP's internal needs with respect to the adequate
rotation of members.
-
Recommendation #11-27
The NIC recommends that the Office of the Interim Commissioner give early
attention to the conclusion of appropriate intergovernmental agreements
concerning the custody and rehabilitation of Nunavut offenders in the period
following April 1, 1999.
Recommendation #11-28
The NIC recommends that the appropriate funding agencies give early and
sympathetic response to the pilot program concerning spousal assault offenders in
Rankin Inlet proposed by Pauktuutit.
"Footprints 2" - Appendix L - pg. 37
Recommendation #11-29
The NIC recommends that, at least on an interim basis following April 1, 1999, a
single law society be used to govern the members of the legal profession in both
Nunavut and the remaining NWT. Use of a single law society should be contingent
on:
Work associated with the impact of the creation of Nunavut for the future of the legal
profession should take place in the context of the wider question of how Nunavut
will affect matters of occupational qualifications, accreditation and regulation (see
Recommendation # I 1-16).
Recommendation #11-30
Picking up from its earlier advice in "Footprints", the NIC recommends that the
Government of Canada, the GNWT and NTI jointly support and sponsor, with the
planning assistance of the NIC, major conferences on:
1. The Future of Work in Nunavut (to be held in the first part of 1997;
see Chapter 4, section 7);
Recommendation #11-31